guidelines - everysiteadlib.everysite.co.uk/resources/000/020/059/pb6475.pdf · environmental...

Environmental impact assessment for use of uncultivated landor semi-natural areas for intensive agricultural purposes

Guidelines

NEW REGULATIONS from 1 February 2002

Contents

Page

Introduction 2

How do these procedures link to other schemes and consent procedures 3

What types of land are covered? 5

Definition of ‘projects’ 6

Procedures 8

Environmental Statements 11

Appeals 13

Review 13

Annex 1 – A list of legislation and other guidance 14

Annex 2 – The relationship between these EIA Regulations and

the Forestry Regulations 16

Annex 3 – Selection criteria for screening decisions 17

Annex 4 – Information to be included in Environmental Statements 19

Annex 5 – UK Biodiversity Action Plan (BAP) priority habitats 21

relevant to these guidelines

Annex 6 – Flow Chart – the Application Process 22

Annex 7 – Our contact details 23


1

Introduction

1. Environmental Impact Assessment

(EIA) is a procedure for considering

the potential environmental effects of

land use change. EIA helps to inform

decision-making and enables

decisions on land use change to be

taken with full knowledge of the likely

environmental consequences. Legal

requirements for EIA already apply to

projects which are subject to the Town and Country Planning system; separate

EIA legislation is also already in place for other types of project including

forestry and certain land drainage operations.

2. The legislation has now been extended by bringing in EIA procedures for

projects for the use of uncultivated land or semi-natural areas for intensive

agricultural purposes. The regulations, while implementing specific European

Community requirements, also contribute significantly to the wider aims of:

• promoting sustainable agriculture; and

• a clearer understanding of good agricultural practice.

The regulations also complement other environmental measures listed in Annex

1 of these guidelines. We set out below how the competent authority

appointed under the regulations in England intends to operate these

arrangements. We at DEFRA (the Department for Environment, Food and Rural

Affairs) are the competent authority in this case.

3. Although these procedures are based on legal requirements, with penalties for

non-compliance, we will seek wherever possible to apply them in co-operation

with the farmers and others who may be involved. If a project raises

environmental concerns, we will try to agree (with the farmer or land manager

concerned) a way forward that takes account of business needs as well as

environmental factors. For example, this could involve the land entering into an

agri-environment scheme, or using the land in some other way to achieve

similar agricultural objectives. Our Rural Development Service (RDS) will run a

helpline (the details are in Annex 7), and they will give as much advice and help

as possible to any farmers considering projects that might be subject to EIA.

Guidelines

2

4. The EIA process is there to make sure that the effects of a project on land with

particular environmental importance are taken into account before work can

begin. The procedures that involve ‘environmental statements’ only apply

where a proposed operation – to bring uncultivated land or semi-natural areas

into intensive agricultural use – would be likely to have significant effects on the

environment. There is a procedure for telling us about your projects in advance,

so that we can decide whether the project needs to be modified or whether it

can go ahead as planned.

5. These guidelines give a broad idea of the types of project covered by the EIA

procedures, and the criteria to be used in considering the environmental

effects. However, they cannot address all the situations for which EIA may be

relevant, and we will offer help with individual cases as necessary.

6. Where these guidelines refer to contacting us, you should first contact the

Regional Development Service (RDS) at Reading – (see Annex 7 for details).

How do these procedures link to other schemesand consent procedures?

7. These EIA procedures apply to projects for changing the use of land by

bringing uncultivated land or semi-natural areas into intensive agricultural use.

The procedures are meant to support other regulations. They do not apply to

the following:

• Projects that require planning permission (including those projects normally

exempt under the Town and Country Planning (General Permitted

Development) Order (1995). Examples include constructing intensive

livestock buildings. Separate EIA Regulations apply to these projects (see

Annex 1).

• New land drainage improvement works carried out by Operating

Authorities. Separate EIA Regulations apply to this work (see Annex 1).

• Forestry projects – such as planting or removing trees (see Annex 2).


3

Helpline Number: 0800 028 2140

8. For projects on land in agreements under our Environmentally Sensitive Areas

or Countryside Stewardship schemes, it is unlikely that EIA will be necessary.

This is because of the environmental protection that already applies under

these schemes. If you are an agreement holder under one of these schemes,

you should contact your DEFRA adviser if you are planning any land

management works which are not already specifically approved under your

agreement.

9. It is very important to note that these EIA procedures do not replace,

duplicate, or affect, other statutory requirements which may constrain

operations on the land, such as:

• the Hedgerows Regulations;

• Ancient Monuments and Archaeological Areas Act 1979 (see paragraph 10

below);

• measures to protect Sites of Special Scientific Interest (SSSIs) (see

paragraph 10 below);

• development control policies in National Parks;

• the need for any consent or licence from the Environment Agency; or

• a licence for operations affecting protected species under the Wildlife and

Countryside Act 1981, or the Conservation (Natural Habitats &c.)

Regulations 1994.

10. Certain operations on SSSIs are covered by separate statutory procedures

under the Wildlife and Countryside Act 1981 (as amended by the Countryside

and Rights of Way Act 2000). Similarly, certain operations on Scheduled

Monuments with possible environmental effects are covered by separate

procedures under the Ancient Monuments and Archaeological Areas Act 1979.

Before you can begin any of these types of operations, you must tell English

Nature (for SSSIs) or the Department for Culture, Media and Sport (for

Scheduled Monuments) and obtain their consent.

Guidelines

4

11. If English Nature, or the Department for

Culture, Media and Sport – or DCMS –

(which is advised by English Heritage),

agree to your project, we will still need

formally to consider it under the EIA

Regulations. However, unless separate

factors apply that are not relevant to

English Nature’s or DCMS’

consideration, we will probably not need

any further Environmental Statement.

What types of land are covered?

12. The Regulations do not define ‘uncultivated land and semi-natural areas’ but,

as a working guide, the intention is to apply the EIA arrangements for the

following types of land. (‘Land’ here means a field or management unit, or part

of it, where you can easily see the difference between improved and

unimproved land.)


5

E-mail address: [email protected]

Land Type Land Typically Included Tests To Determine

continued overleaf

Land would be considereduncultivated if it had less than25% – 30% of ryegrass (Loliumspecies) and/or white clover(Trifolium repens), or other sowngrass species indicative ofcultivation.Where there are difficulties indetermining whether the land isuncultivated using the abovetest, you should ask us foradvice. In making our decision,we will take into accountprevious agricultural operationson the land over the last15 years, including ploughing, re-seeding and draining

• Meadows and grazingpastures.

• Downland or other open orenclosed upland grassland.

• Grassland with some treecover (such as orchards,parkland and wood pasture).

• Lowland and coastalheathland (including dry andwet heath).

• Moorland (including bog) andupland rough grazing(including intake).

UnimprovedGrassland, Heath andMoorland

Definition of projects

13. The EIA Regulations define ‘project’ as “the execution of construction works or

of other installations or schemes or other interventions in the natural

surroundings or landscape…which are for the use of uncultivated land or semi-

natural areas for intensive agricultural purposes”.

14. The following list shows the types of project that we consider to fall within this

definition, and so are covered by the EIA procedures. This is an illustrative list

and we will review it in the light of experience. In all cases, these operations are

only subject to EIA where the land in question is “uncultivated” or “semi-

natural” (see paragraph 12) and where the purpose of the operation is to

change the land use by bringing the land into use for intensive

agricultural purposes.

• Cultivations – including ploughing, rotavating, harrowing, tining, discing

and re-seeding

• Spreading soil or other material, including fertiliser or lime in excess

of existing routine application rates

Guidelines

6

Land Type Land Typically Included Tests To Determine

If the water table normally lies ator near the surface for part ofthe year

• Marsh• Fen• Open water• Watercourses• Saltmarsh• Ditches• Ponds

Wetlands

EIA procedures will apply wherescrub is cleared or managedwith an aim of converting toarable or stock farming includingintensification of such anexisting use

See Annex 2 for details of thedistinction between scrub andforestry.

Scrubland

• Drainage works – new works including mole, tile, tunnel, subsoiling or

other artificial drainage and moorland gripping. Routine maintenance,

including renewal of existing mole drainage, is not covered

• Land reclamation from estuary or other wetlands

• Modifications to watercourses – to deepen, widen, straighten or

otherwise improve an existing watercourse where these operations are

intended to bring uncultivated land into intensive agricultural use. Routine

maintenance is not covered

(Watercourse includes any passage through which water flows)

• Flood defences – operations on embankments, structures or land which

act as flood or coastal defences

• In-filling ditches, ponds, pits, pools, marshes or historic earthwork

features

• Clearing vegetation or land by physical removal, burning, application

of herbicides, or deliberate overgrazing, trampling or rooting by

livestock in readiness for cultivation. Removal of hedges is subject to

separate consent procedures under the Hedgerows Regulations and will

not be covered by EIA procedures unless it is part of a wider project as

defined in this section. Removing other boundary features (such as walls)

will also not be subject to EIA procedures, unless they are part of a wider

project to change the use of land as defined here

• Introducing livestock (including poultry) at intensive stocking rates,

or increasing current stocking rates to intensive levels (see paragraph

15 below).

15. We will need to judge individual cases to see whether the land use resulting

from the proposed operations is for ‘intensive agricultural purposes’. We will

take account of whether the project involves using the land at greater than the

average agricultural intensity for the activity in question. We would encourage

farmers to seek our advice if they are considering a project of the kind listed.

In particular, we will advise them on what level of stocking rates we consider

intensive for projects that involve keeping livestock.


7

Website: www.defra.gov.uk/eia

Procedures

16. The EIA procedures (shown as a Flow Chart in Annex 6) involve the following

steps:

• The farmer or land manager who is planning a ‘project’ (as described

earlier) applies to us, and discusses the matter with us first, if appropriate

• Next, there is a ‘screening’ stage where we consider whether the project is

likely to have significant environmental effects

• Where we consider that significant effects are likely, we will consult with

interested parties to determine the scope of the ‘Environmental

Statement’, which needs to be prepared in order to assess the

environmental implications of the project

• After we have discussed the matter with interested bodies, and published

the Environmental Statement, we will have to decide whether the project

should receive consent or whether it needs to be modified

• Applicants can appeal to the Secretary of State if they are unhappy with

our decision that they must prepare a statement. Or they can appeal later,

once we have made a determination based on their statement.

Applications and screening

17. You should fill in a standard application form to obtain a screening decision.

To speed up the process, you should send a map (showing the location of the

land involved at a scale of 1:2500 or 1:10000) with your application form. We

will then carry out any enquiries – including a site visit – which may be

necessary in order to assess the project. We will make full use of available

computerised records – including Geographical Information Systems – to

identify any likely significant environmental effects.

Guidelines

8

18. Under the EIA Regulations, we are required to tell you within 35 days of

receiving your application whether a full Environmental Statement is required –

unless you agree to a longer period. If we decide that a Statement is not

required, we will tell you and you can go ahead with your project. If you delay

the project for more than three years, or if you change the details significantly

after we have made our decision, you will have to re-apply.

Criteria for deciding whether an Environmental Statementis required

19. Annex 3 (taken from the EC Directive) lists the criteria to be taken into account

in deciding whether a project is likely to have significant environmental effects,

for which an Environmental Statement is required. We will aim to apply these

criteria consistently, and will take the following factors into account, as

appropriate.

• Whether the land – or other land in the vicinity – is subject to an

environmental designation, such as:

■ a Special Protection Area (SPA);

■ a candidate Special Area of Conservation (cSAC);

■ a RAMSAR site;

■ a Site of Special Scientific Interest (SSSI);

■ a National Park;

■ an Area of Outstanding Natural Beauty (AONB); or

■ Heritage Coast.

• The current level of biodiversity on the land, and whether it is:

■ classified as a Priority Habitat within the UK Biodiversity Action

Plan – BAP – (relevant habitats are listed at Annex 5); or

■ in the process of reversion to such a habitat; or

■ known to contain wildlife covered by a Species Action Plan under

the BAP.


9


• Whether there are archaeological or other historic features, such as:

■ scheduled monuments;

■ sites included in the English Heritage Register of Parks and Gardens of

Special Historic Interest in England, or in the Register of Historic

Battlefields; and

■ other historic landscape features (including archaeological sites,

ancient earthworks and ridge-and-furrow patterns).

• The potential impact of the project on countryside character, taking

account of land characterisation approaches developed by the

Countryside Agency, English Heritage and English Nature

• Any other important environmental considerations, such as an isolated

pocket of a particular habitat type or the need to protect water resources

• Any public rights of way or public access, commons or other open spaces

used by the public

• Potential effects on pollution (including diffuse pollution affecting air and

water quality), soil erosion or flood protection. These effects may be seen

and felt beyond the land where the project is planned.

20. As far as the size of the projects is concerned, we will not work to any specific

thresholds or criteria. We are obviously more likely to consider large projects as

‘significant’ than minor ones. But it is possible that we might consider a small

project – for example, to fill in ponds or cultivate the corner of a field – to be

significant if the land was a BAP Priority Habitat or rare species were present.

We will also consider the cumulative effects of projects – for example, where a

series of similar projects in an area would together have significant effects on

wildlife or landscape.

21. Before we decide whether a project is likely to have significant environmental

effects, we will consult as necessary. This may include the statutory Agencies,

(English Nature, the Historic Buildings and Monuments Commission for England

(more commonly known as English Heritage), Environment Agency and

Countryside Agency), in relation to their relevant interests. We may also ask local

authorities for specific information on data which they may hold on particular

Guidelines

10

aspects such as archaeological Sites and Monument Records and biodiversity

information. We will also consult groups with specific interests – such as National

Park Authorities where projects are proposed in National Parks.

Environmental Statements

22. If we conclude that a project is likely to have significant environmental effects,

an Environmental Statement needs to be drawn up giving information set out in

the Regulations (see Annex 4). It is the applicant’s responsibility to provide the

Statement. You should note however that certain information is compulsory

(such as basic details about the project), while other details only need to be

completed by the applicant to the extent that may reasonably be required.

23. The compulsory information (in other words, the information you have to

provide) includes details of alternatives considered. We will be pleased to

discuss this aspect with you, so that any useful alternative ideas for managing

the land can be considered. These discussions may draw on various existing

sources of information, farm business and agronomic advice, for example

where an assessment of the environmental assets on the farm has been

carried out with the Farming and Wildlife Advisory Group (FWAG) or similar

bodies.

24. In applying this procedure, we will consider sympathetically any difficulties that

you have in completing the Statement. If you ask us, we will give you a

‘scoping opinion’ setting out the details that you need to include, and we can

discuss it with you as necessary. Other interested bodies may also be

consulted on the details needed. If you cannot

get hold of the necessary environmental

information – or if we can prepare it more

effectively from sources available to us or the

statutory agencies – we may decide that it is

not reasonable to require your statement to

cover all the items listed. We will also consider

what additional information, which is not

currently available, may be needed to be

added to the Statement. The key point will be


11


to ensure that the final Statement allows the public, interested parties and

those making the decision, sufficient knowledge and understanding of the likely

environmental impacts of the project and the measures that have been taken

to reduce those impacts, and thus allow an informed decision to be taken on

whether the project should proceed.

25. You can e-mail your Environmental Statements to us at

[email protected]

26. Under the EIA Regulations, we must consult interested parties on any

Environmental Statement before we make a decision about it. This will include:

• the statutory Agencies;

• the local authority; and

• any other interested bodies.

Statements are open to public inspection and members of the public have the

opportunity to comment before we take any decisions. We will make details

available about how the public can inspect Environmental Statements and any

other relevant information.

27. In implementing these procedures we will seek to ensure that the environment

is safeguarded, while meeting as far as possible the needs of an efficient and

sustainable agricultural industry.

Guidelines

12

Appeals

28. You can appeal within three months of our decision if we:

• decide that you do need to provide an Environmental Statement;

• refuse to give our consent for your project; or

• insist that you meet some conditions before you can begin work.

You cannot start work on the project while your appeal is ongoing.

29. The regulations give the Secretary of State wide discretion to decide the

appeals procedure in individual cases. The Secretary of State may personally

decide your appeal, or appoint someone to decide it on his or her behalf by:

• considering written representations;

• an informal hearing; or

• a local enquiry;

on condition that you can have your say if you ask to do so.

Review

30. These guidelines will be kept under review in the light of experience of

operating the new procedures. A formal review will be undertaken within 18

months of the regulations coming into force.


13


Annex 1

A list of relevant legislation and other guidance.

European Legislation

• Directive 85/337/EEC (27 June 1985) on the assessment of the effects of

certain public and private projects on the environment (as amended by

Directive 97/11/EC (3 March 1997)) (known as the EIA Directive).

• Directive 92/43/EEC on the conservation of natural habitats and of wild

fauna and flora (as last amended by Directive 97/62/EC (8 November

1997)).

Acts of Parliament (England)

• Town and Country Planning Act 1990 (as amended)

• Wildlife and Countryside Act 1981

• Countryside and Rights of Way Act 2000

• Ancient Monuments and Archaeological Areas Act 1979

Statutory Instruments (SIs)

1995 No. 418 Town and Country Planning (General Permitted Development)

Order 1995

1999 No. 293 The Town and Country Planning (Environmental Impact

Assessment) (England and Wales) Regulations 1999 (as

amended)

1999 No. 2228 Environmental Impact Assessment (Forestry) (England and

Wales) Regulations 1999

1994 No. 2716 Conservation (Natural Habitats, &c.) Regulations 1994 (as

amended)

Guidelines

14

1999 No. 1783 Environmental Impact Assessment (Land Drainage Improvement

Works) Regulations 1999

1997 No. 1160 Hedgerows Regulations 1997

Other Guidance

• DEFRA Codes of Good Agricultural Practice for the Protection of Soil,

Water and Air

• DEFRA Code of Good Practice for the Safe Use of Pesticides on Farms

and Holdings

• English Nature and National Farmers’ Union Five Point Plan for wildlife-

friendly farming


15


Annex 2

The relationship between these Regulations and the Forestry EIA Regulations

The Environmental Impact Assessment (Forestry) (England and Wales) Regulations

1999 require anyone carrying out a project involving deforestation or afforestation

to obtain consent from the Forestry Commission. Relevant projects include creating

new woods and forests by planting trees on any type of land, or conversion of

woodland to another type of land use.

In these cases, the Forestry Commission is the ‘competent’ authority (see

paragraph 2 in the introduction). An issue arises where the project involves

removing scrub for the purposes of bringing the land into intensive agricultural use.

The Forestry Commission has drawn up a pragmatic solution to scrub definition for

the purposes of EIA to help decide which department will be the competent authority.

The Forestry Commission will act as the competent authority on land where at

least 20% of any canopy cover comprises tree species or the following shrub

species (or both):

• Hazel (Corylus avellana)

• Juniper (Juniperus communis)

• Wayfaring tree (Viburnum lantana)

• Almond willow (Salix triandra)

• Bay willow (Salix pentandra)

• Grey willow (Salix cinerea)

• Eared willow (Salix aurita)

• Osier willow (Salix viminalis)

• Purple willow (Salix purpurea)

Guidelines

16

Annex 3

Selection criteria for screening decisions

1. Characteristics of projects

The characteristics of projects, having regard in particular to:

(a) the size of the project;

(b) the cumulation with other projects;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or

technologies used.

2. Location of project

The environmental sensitivity of geographical areas likely to be affected by

projects, having regard in particular to:

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural

resources in the area; and

(c) the absorption capacity of the natural environment, paying particular

attention to the following areas:

(i) wetlands;

(ii) coastal zones;


17


(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under legislation (including European

sites);

(vi) areas in which environmental quality standards laid down in any

legislation of the Communities have already been exceeded;

(vii) densely populated areas; and

(viii) landscapes of historical, cultural or archaeological significance.

3. The potential impact

The potential significant effects of projects, in relation to criteria set out under 1

and 2 above, having regard in particular to:

(a) the extent of the impact (geographical area and size of the affected

population);

(b) the impact on other member

States;

(c) the magnitude and complexity of

the impact;

(d) the probability of the impact; and

(e) the duration, frequency and

reversibility of the impact.

Guidelines

18

Annex 4

Information for inclusion in Environmental Statements

Part I

1. Description of the project, including in particular-

(a) a description of the physical characteristics of the whole project and the

land use requirements during the construction, or other implementation,

and operational phases;

(b) a description of the main characteristics of the production processes, for

instance, nature and quantity and the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions

(water, air and soil pollution, noise, vibration, light, heat, radiation, etc)

resulting from the operation of the proposed project.

2. An outline of the main alternatives studied by the applicant for consent and an

indication of the main reasons for his choice, taking into account the

environmental effects.

3. A description of the aspects of the environment likely to be significantly

affected by the proposed project, including, in particular, population, fauna,

flora, soil, water, air, climatic factors, material assets, including the architectural

and archaeological heritage, landscape and the inter-relationship between the

above factors.

4. A description of the likely significant effects of the project on the environment,

which should cover the direct effects and any indirect, secondary, cumulative,

short, medium and long-term, permanent and temporary, positive and negative

effects of the project, resulting from:

(a) the existence of the project;


19


(b) the use of natural resources; and

(c) the emission of pollutants, the creation of nuisances and the

elimination of waste,

and the description by the applicant for consent of the forecasting methods

used to assess the effects on the environment.

5. A description of the measures envisaged to prevent, reduce and where

possible offset any significant adverse effects on the environment.

6. A non-technical summary of the information provided under paragraphs 1 to 5

of this Part.

7. An indication of any difficulties (technical deficiencies or lack of know-how)

encountered by the applicant for consent in compiling the required information.

Part II

1. A description of the project comprising information on the site, design and size

of the project.

2. A description of the measures envisaged in order to avoid, reduce and, if

possible, remedy significant adverse effects.

3. The data required to identify and assess the main effects which the project is

likely to have on the environment.

4. An outline of the main alternatives studied by the applicant for consent and an

indication of the main reasons for his choice, taking into account the

environmental effects.

5. A non-technical summary of the information provided under paragraphs 1 to 4

of this Part.

Guidelines

20

Annex 5

UK Biodiversity Action Plan (BAP) priority habitats relevant to these guidelines

• Ancient and/or species – rich hedgerows

• Aquifer fed naturally fluctuating water bodies

• Blanket bog

• Chalk rivers

• Coastal and floodplain grazing marsh

• Coastal saltmarsh

• Coastal sand dunes

• Coastal vegetated shingle

• Eutrophic standing waters

• Fens

• Limestone pavement

• Lowland calcareous grassland

• Lowland dry acid grassland

• Lowland heathland

• Lowland meadows

• Lowland raised bog

• Wood pasture and parkland

• Maritime cliff and slope

• Mesotrophic standing waters

• Oligotrophic lakes

• Purple moor grass and rush pastures

• Reed beds

• Upland calcareous grassland

• Upland hay meadow

• Upland heathland


21


Annex 6

The application process

Guidelines

22

Application to DEFRA by a farmer or landmanager who is proposing a project

This may involvea site visit, and

discussionwith others

DEFRA considers whether the project islikely to result in significant effects

DEFRA’s decision is sent to the applicant within35 days of receiving his or her application

DEFRA decidessignificant environmental

effects are likely

Applicant can ask for an opinion on the scopeof the Environmental Statement. DEFRAconsults relevant bodies before providing

a scoping opinion (within 35 days)

Appropriate discussion and informationexchange with relevant interested parties,

leading to an Environmental Statementbeing prepared

Statement is sent to DEFRA

DEFRA consults interested parties and the public

DEFRA makes its decision

Consent is not given Consent given (subject toappropriate conditions)

Work may begin (subject to any otherlicensing or consent requirements)

Applicant can goahead with the

project (subject toany other licensing

or consentrequirements)

DEFRA decidesenvironmental

effects are unlikely

Application

Screening

Scoping

Statement

Decision


23


Annex 7

Our contact details

Freephone helpline: 0800 028 2140



Write to: EIA Unit

Rural Development Service

DEFRA

Coley Park

Reading

RG1 6DT.

Further copies of this booklet are available free from:

DEFRA Publications

Admail 6000

London

SW1A 2XX

Tel: 08459 556000

Fax: 020 8957 5012

Email: [email protected]

PB6475 © Crown Copyright 2002

Printed on papers comprising of 80% post consumer waste and 20% TCF pulp

guidelines - everysiteadlib.everysite.co.uk/resources/000/020/059/pb6475.pdf · environmental...

Documents