jba consulting guide to environmental assessment

A guide to environmental assessment and regulation

The only way forward, if we are going to improve the quality of the environment, is to get everybody involved.

– Richard Rogers, British Architect

Regulation, based on conservation and sustainability is aimed at reducing air, water and land pollution, carbon emissions and energy use.

Various pieces of legislation exist to protect our environment and promote sustainable development.

These may be applied at various stages of your development and can become complex and difficult to manage.

This guide covers the approach we take to several key aspects of the environmental assessment process in order to help your development meet legislative requirements and minimise any risk to your project.

For more information, or to discuss environmental regulation, please contact our environmental assessment team:

Steve Maslen, Head of Environment ([email protected])David Revill, Principal Environmental Consultant ([email protected])

JBA Consulting’s guide to environmental assessment and regulation | 5

ENVIRONMENTAL ASSESSMENT

An environmental assessment is a key decision making tool involving information gathering execises and site surveys to help developers and regulators understand the potential environmental impacts of a development proposal. These proposals are then appraised against this baseline environmental information to identify whether they could harm or disturb any sensitive environmental features. Mitigation measures are proposed as needed to minimise any potential environmental impacts. This should lead to better development standards and can demonstrate project sustainability.

EU and UK law requires certain types of developments (Schedule 1 and Schedule 2) to carry out an Environmental Impact Assessment (EIA). Schedule 1 projects always require an EIA, while Schedule 2 projects require an EIA if the development exceeds specific thresholds and is likely to have a significant impact on the environment by virtue of its nature, size or location. A developer can choose to submit an EIA voluntarily, but it is usually under the direction of a local authority in consultation with stakeholders.

Screening Opinion. This is the process by which local authorities decide whether a development requires an EIA.

Scoping Report.This details issues to investigate in the EIA which enables the applicant to establish baseline conditions at the development site and the standards against which the development may be judged.

Environmental Statement (ES). A publicly available document which outlines the findings of an Environmental Impact Assessment. The ES can be used to support a planning application, setting out environmental impact management and mitigation measures.

6 | JBA Consulting’s guide to environmental assessment and regulationExisting and proposed views of Saltaire Hydropower Scheme Hydropwer

LANDSCAPE AND VISUAL

Landscape and Visual Impact Assessment (LVIA) is an important means to assess the effects of change on the landscape. It is often a key element of a planning application. LVIA identifies and records sensitive features on and around the development site and determines the potential impact on these features and views across the surrounding area.

Photomontages are computer generated images used to support LVIAs which show how a development will look and give a visual comparison of a site with and without the development. Where impacts are identified, the LVIA provides a means through which appropriate mitigation measures to reduce or avoid adverse effects can be identified and tested.

A typical assessment consists of the following elements:

• A preliminary site review to identify the key landscape characteristics and sensitive landscape receptors or designations that could be affected.

• A landscape baseline review of local planning policy, preparation of a Zone of Theoretical Visibility plan (ZTV) and preparation of a list of potentially sensitive visual receptors/viewpoints.

• Assessment of the significance/value of heritage assets such as Listed Buildings, Scheduled Ancient Monuments and Registered Historic Parks and Gardens.

• Liaison with Local Planning Authority to agree viewpoint locations to be used in the assessment.

8 | JBA Consulting’s guide to environmental assessment and regulation

• A site assessment that includes landscape, visual, cultural heritage and historic environment impact surveys and agreed viewpoint photography in accordance with best-practice guidelines.

• Preparation of photomontages or wireframes to demonstrate the visual change as a result of the development and assessment of the cumulative impacts of the proposed development.

• Production of report on the above, including preparation of landscape character and designation plans, ZTV maps and viewpoint/receptor plans and schedules.

We follow industry-recognised best practice guidance whilst preparing landscape assessments, photomontages or other visualisations. For smaller scale developments, in less sensitive surroundings, we undertake a proportionate level of assessment and have developed a robust landscape appraisal methodology incorporating a site walkover survey, concise desk study exercise and focused impact appraisal. We also prepare photoviews rather than full photomontages. Photoviews show the existing view of the development site from a range of sensitive receptors, which might include nearby residential properties and businesses, heritage sites, or important footpaths or viewpoints.

Historic sites, structures and buildings help give an area its special character and make it distinctive. The need to preserve the best examples has long been recognised in legislation. There is a range of heritage designations, including those made formally under statutory powers or informally as a matter of good practice. The weight to be given to a designation depends on the level at which it has been made. National heritage designations include Scheduled Monuments, Listed Buildings, Registered Battlefields and Wrecks.

Scheduled monuments are designated under the Ancient Monuments Act 1979 through a process in which nationally important historic sites are given legal protection. These can include prehistoric earthworks to Roman villas, Norman castles to Second World War prisoner of war camps. Scheduling is the only legal protection specifically for archaeological sites, whilst major exclusions include inhabited buildings and churches in use. Planning policy requires the preservation of monuments ‘within an appropriate setting’.

Listed buildings are designated under the Planning (Listed Buildings and Conservation Areas) Act 1990 when they are deemed to have special architectural or historic interest. Works for the demolition, alteration or extension (but not the repair) of a listed building require listed building consent from the local planning authority.

HERITAGE


Conservation areas are designated under the Planning (Listed Buildings and Conservation Areas) Act 1990. They are chosen for their special architectural and historic interest. Any demolition works, alterations or additions may require consent from the local authority. A very high standard of design is required when submitting planning applications in conservation areas and new developments are ususally required to make a positive contribution to the character of the area.

Locally important archaeological sites are also designated by local authorities and included in a Historic Environment Record (HER). The HER may be held by County Councils, District Councils or Unitary Authorities, and in each case, the record will cover the whole of the local authority area. Typically, a planning authority will ask for an assessment of the potential historic interest of a site to accompany any planning application if the site is large or the development proposals are substantial. Access to records may be available online or can be obtained in writing from the local authority.

A Cultural Heritage Assessment (CHA) will be prepared following recognised best-practice guidance. It considers the potential direct impact of construction and also the visual impact on designated sites and structures in the surrounding area.

The CHA will:

• Identify the heritage baseline

• Assess the archaeological potential of the area

• Assess the significance of all heritage assets to be impacted by the proposed scheme

• Assess the impact of the proposed scheme on the significance of heritage assets, including impact on setting

• Inform the design of any further evaluation of the site (geophysical survey or trial trenching)

• Form the basis of liaison with the relevant curators regarding further evaluation or mitigation


European Protected Species (EPS) are animals and plants that receive protection under the Conservation of Habitats and Species Regulations 2010, in addition to the Wildlife and Countryside Act 1981 (as amended).

EPS include a wide range of species such as otter, great crested newt, dormouse and all native bat species. Under these regulations, all EPS and their breeding sites or resting places are protected, and it is an offence to deliberately capture, injure or kill any such animal or to deliberately take or destroy their eggs.

A wildlife licence is required by anyone who wishes to carry out an activity prohibited under this wildlife legislation, and licences are only issued for certain purposes, which include carrying out ecology surveys and disturbing species in order to enable approved development to proceed. An application for a licence needs to be made to Natural England (for works in England), Natural Resources Wales (for Wales) or Scottish Natural Heritage (Scotland).

BIODIVERSITY

Read our top ten ecology tips for meeting your ecological obligations and delivering a sustainable development.

1. Start EarlyIt’s important that you engage an ecologist at an early stage of a project so that any potential constraints to your proposals are identified as soon as possible; this reduces the risk of delays and increased costs further down the line.

2. Time is of the EssenceSome species in the UK hibernate and others migrate away at certain times of year. Many ecological surveys can therefore only be undertaken at certain times of year. For example, surveys for bat activity can only be undertaken between April/May and September/October when bats are not hibernating. Recognising this, and ensuring that an ecologist is engaged at an early stage, should allow the required surveys to be programmed for the optimal time of year.

3. Keep us in the LoopDon’t forget to keep your ecologist in the loop. Changes to a project, such as an extension of a development, changes to the boundary or moving the site compound or access tracks even a few metres may impact on ecological features not previously affected. Keeping your ecologist involved at all stages of a project will allow the impact of any changes to be assessed at the outset, preventing potential delays at a later stage.

4. It’s Good to Talk!Development can generate a lot of interest, particularly in areas where there are notable habitats and species. We’d recommend that you consult interested parties, such as wildlife trusts, the RSPB or local naturalist groups, early in a project to keep them up-to-date on your proposals and help address any concerns they may have.

5. Working within the lawIt’s important to recognise that a number of sites and species receive legal protection. Undertaking developments within or near these sites, or in areas where protected species are present, will require careful planning and implementation of appropriate mitigation. Engaging an ecologist at an early stage will help to identify the legal requirements you will need to meet and allow suitable, proportionate mitigation strategies to be developed.


6. Ecology is a SkillEcology is a complex and varied subject, requiring a number of specialist skills. It’s important to ensure that the ecologist(s) you appoint have the right skills and training to carry out the work you need. Using ecologists who are members of organisations such as the Chartered Institute of Ecology and Environmental Management (CIEEM) helps to ensure standards are high. It’s also important to recognise that ecology is only one aspect of environmental science; it’s likely a number of other specialists, alongside ecology, will need to be appointed as part of any necessary Environmental Impact Assessment.

7. Be BiosecureA major threat to the UK’s biodiversity is currently the spread of invasive non-native species (INNS), which can out-compete native species, spread disease or reduce the value of natural habitats. INNS, such as Japanese Knotweed or Himalayan Balsam, can be present on development sites and, where these are to be affected, appropriate mitigation and stringent biosecurity protocols will be essential to manage them. Even if INNS are not directly affected by a development, you should consider implementing an eradication strategy for the site and where planting schemes are planned, you should select native species that are appropriate to your site and sourced from the local area.

8. Share your DataLocal ecological records centres are a valuable source of information on species and habitats for all ecological assessments. However, they rely on data being submitted to them. Please consider letting your ecologists submit the data they collect to the local record centres; it may help you in the future.

9. Be PreparedWildlife is unpredictable! Over the lifetime of a project, mobile species can establish in areas where not previously found. It’s therefore important to be flexible and prepared for surprises! Appointing an Ecological Clerk of Works during construction can help to identify these issues as soon as possible, allowing the development of timely and cost-effective mitigation.

10. Embrace Ecology!And finally, many developments can provide opportunities to create habitats and enhance areas for biodiversity, which can be a major selling point! Be it putting up bird or bat boxes, creating ponds or planting woodland areas, you can make your development more sustainable and ecologically sensitive.


Prevention of pollution is a key environmental concern during the construction phase of a development.

Good environmental management can minimise the risk of a pollution incident and help development adhere to good practice guidance.

An Environmental Action Plan (EAP) and Pollution Prevention Method Statement will help you to satisfy planning conditions relating to good environmental management.

The EAP is a tool for managing environmental risk. It sets out the actions required to implement the project in accordance with the findings of the project Environmental Impact Assessment.

The EAP contains a series of objectives and actions covering all relevant environmental aspects which, together, aim to ensure that the project is delivered in a manner that minimises risks to the environment. The EAP links these actions to environmental and site management processes to further integrate the findings of the environmental assessment across all construction activities. The contractor then undertakes all environmental protection, mitigation and enhancement works in accordance with the actions defined by the EAP.

POLLUTION PREVENTION


The EAP also defines the environmental roles and responsibilities of those involved in the project and assigns specific actions to individual members of the project team. It outlines the project environmental audit and incident reporting procedures, together with the responsibilities of team members, to ensure these procedures are applied effectively.

A concise and focused document, the EAP should only contain project-specific actions required to deliver the scheme. It should not incorporate internal environmental management system measures, standard regulatory requirements, generic standards and good practice measures, and should not contain a summary of the environment assessment. Inclusion of such aspects often creates a lack of clarity or uncertainty regarding key project-specific environmental issues and fails to deliver effective environmental risk management.

The Pollution Prevention Method Statement (PPMS) sets out the approach to dealing with the risk of pollution during the construction of a development.

The statement describes:

• the potential sources of pollution during construction and the pathways through which contaminated materials could enter the environment

• the mechanisms to be put in place to minimise the risk of pollution occurring

• the management measures to be adopted to control and safeguard potentially polluting materials, including oil, fuel and chemicals

• the approach to managing the storage and disposal of waste materials generated during construction

• emergency response procedures in the event of a pollution incident to minimise the likelihood and significance of any subsequent environmental impacts.

Prepared following a range of site working best practice methodology and guidance, including Environment Agency Pollution Prevention Guidance, the method statement provides confidence to a local planning authority that the development can proceed in a robust and controlled manner that minimises risks to the environment and helps meet their legal duty to protect and improve the environment.


Significant progress has been made in developing flood protection devices and retrofit solutions for existing properties but how can we ensure that buildings of the future do not suffer the same fate?

A Flood Risk Assessment (FRA) will help you to understand the risk of flooding to your site but the level and type of information available can make the process more complex than it needs to be. To make things simpler, we use three categories of Flood Risk Assessment (FRA) depending upon the risk of flooding to your site and the stage of your development.

If you have no firm development plans, but are looking into the feasibility of developing a site, a Level 1 FRA Screening Study is recommended. If you already have development proposals and are looking to submit a planning application, it is usually recommended that you go straight to a Level 2 FRA Scoping Study or a Level 3 FRA Detailed Study.

FLOOD RISK

Significant progress has been made in flood protection … but how can we ensure that buildings of the future do not suffer the same fate?

FRA Level 1 — Screening StudyThis will provide a general indication of the potential flood risk to the site and identify whether there are any flooding or surface water management issues that may warrant further investigation. The purpose of a Level 1 Screening Study is to identify all sources of flood risk and whether any further work in the form of a Level 2 FRA (Scoping Study) or Level 3 FRA (Detailed Study) is required.

Typically included items

• Assessment of readily available existing flood risk information

• Initial comments on the feasibility of developing the site with reference to existing flood risk information

• Comment upon the feasibility of developing the site with respect to NPPF including advice on the requirements of the Sequential and Exceptions Tests

• Review of existing drainage information

• Recommendations for further work/investigations

FRA Level 2 — Scoping StudyQualitative appraisal to develop understanding of the risk of flooding to the site and the potential impacts the development will have on flood risk elsewhere. Production of a FRA report in accordance with national policy.

Typically included items in addition to Level 1 items

• Contacting the Environment Agency, Local Planning Authority and Sewerage Undertaker to obtain advice on flood risk and drainage issues at the site (including obtaining predicted flood levels and copy of the statutory sewer map if available)


• Comparison of site levels with predicted flood levels

• Assessment of the impact of water level increase due to climate change

• Recommend finished floor levels

• Assess access and escape routes in times of flood

• Give preliminary advice on flood warning and evacuation procedures

• If required, recommend appropriate mitigation measures e.g. flood resilient construction techniques

• Preliminary assessment of the existing and proposed surface water drainage arrangements

FRA Level 3 — Detailed StudyUndertaken if the Environment Agency require further quantitative analysis to assess flood risk issues relating to the development site. For example, flood modelling may be required to establish flood levels at a site where the Environment Agency do not hold this data.Typically included items in addition to Levels 1 and 2 items

• Detailed assessment of flood risk to the site from all sources (including the assessment of the potential impacts of climate change)

• Hydraulic calculations and modelling to quantify the flood risk to the site and any offsite flood risk impacts

• Detailed assessment of existing and proposed surface water drainage arrangements (including the feasibility of Sustainable Drainage Systems (SuDS) and surface water attenuation facilities if required)

South BarnBroughton HallSkiptonNorth YorkshireBD23 3AEUNITED KINGDOMwww.jbaconsulting.com

JBA Consulting can advise on a range of environmental services including:

climate change adaptation | EIA consultancy | environmental planning ecology | flood risk management | geomorphology | hydrology hydrogeology | landscape design | sustainable urban drainage

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