Construction: Stopping bad vibrations

What is an EIA?
An environmental impact assessment (EIA) is a systematic tool used to assess the likely impact of a proposed development on the environment. It also identifies appropriate measures to prevent, reduce or offset significant adverse effects, as well as optimising opportunities for any enhancement. In order to do this, information regarding the current, or baseline, state of the environment is first collected. The term 'environment' in this case is all encompassing and includes social (provision of public facilities, security etc) and economic (for example, employment) aspects, as well as physical aspects (such as loss of wildlife habitats, changes in air quality etc). This process, in a vast number of cases, is a statutory requirement of the UK's Town and Country Planning Law and is an important determining factor in the development consent procedure.

The EIA process culminates in the production of an environmental statement to be submitted with the planning application to provide an informed but impartial view. The value of EIA, however, does not consist solely in producing a document. The EIA process should be introduced at the beginning of the project's life cycle. From the developer's perspective, EIA should not only facilitate a smooth planning approval but, if prepared in parallel with the project design, should also provide a useful framework within which environmental considerations can be integrated. Environmental analysis may indicate ways in which the project can be modified to avoid possible conflicts, streamline resources and balance the needs of business, the environment and sustainability.

For the local planning authority and other public bodies, EIA should provide the basis for more informed decision making. While the responsibility for the environmental statement rests with the developer, it is expected that the developer will consult those with relevant information and, likewise, any relevant information the planning authority has in its possession should be made available to the developer. Organisations that are typically consulted include English Nature, English Heritage, the Environment Agency, the Countryside Agency and non-statutory groups such as the wildlife trusts.

The general public's interest in a major project is often expressed as concern about the possibility of unknown or unforeseen effects. By providing a full analysis of the project's impact, an environmental statement can allay fears created by lack of information.

EIA requires the involvement of multidisciplinary teams of technical specialists covering each of the environmental disciplines required as part of the EIA process. These disciplines include traffic, noise and vibration, air quality, ecology, cultural heritage, water resources, soils, geology and contamination, human beings and landscape and visual character.

The most frequent make-up of an EIA project team involves technical specialists from one or more environmental consultancies under the guidance of a planner. The synergy and interaction between environmental consultants and planners is crucial to the success of an EIA. This interaction allows detailed knowledge of environmental impacts and planning issues to be evaluated continuously throughout the EIA process.

Legal landscape
In 1988 formal legislation originating from the European Directive (85/337/EEC) was introduced into the UK in the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 S.I. 1199. This was to ensure that the likely effects of new development on the environment are fully understood and taken into account prior to a development being allowed to go ahead.

Following the introduction of the original directive, the EU issued a revised directive (97/11/EC). This was implemented in the UK through the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 S.I. 293 on 14 March 1999. These regulations have introduced changes into most elements of EIA, including the types and scales of projects requiring an EIA, the procedures undertaken during the planning process and the timescales applied at each stage.

The 1999 regulations have considerably widened the number of developments requiring EIA as part of the planning process. The regulations contain two key schedules. Schedule 1 developments require an EIA to be carried out in every case and include large developments such as roads, power stations and harbours.

Schedule 2 developments are smaller and may require an EIA at the discretion of the relevant planning authority. New 'indicative' and 'exclusive' threshold criteria are in place to assist planning authorities and developers determine whether Schedule 2 projects require an EIA.

EIA should not only facilitate a smooth planning approval but, if prepared in parallel with the project design, also provide a useful framework within which environmental considerations can be integrated

One of the critical thresholds in Schedule 2 is that developments with an area in excess of 0.5ha may require an EIA if they are likely to give rise to any adverse impacts on the environment. These projects may include 'urban development' schemes such as high-rise buildings and small housing developments that previously would not have required an EIA under the 1988 Regulations. It should be noted that where any development is deemed to have significant environmental impacts an EIA would be required.

To provide guidance through this minefield of legislation, the developer is able to request a formal 'Screening Opinion' from the planning authority on whether the proposed development requires an EIA. Should an EIA be required, the developer is then able to agree the nature and extent of environmental studies required, through requesting a 'Scoping Opinion' from the relevant planning authority. This involves the guidance of statutory consultees (such as the Environment Agency and English Nature) and often assists considerably in reducing the timescale and costs associated with completing an EIA. Further information can be found in Circular 02/99 published by the DETR.

The 1999 regulations also include changes in timescales applicable to planning applications subject to EIA. Planning authorities now have up to 16 weeks to determine planning applications that are supported by an EIA.

In conclusion, the main changes that have taken place are that there are a significant number of developments that now require an EIA. The decision making process has become much clearer with the introduction of screening opinions and the reduction of the flexibility available to the planning authorities in deciding if a Schedule 2 project requires an EIA.

Sustainability
Sustainability is a concept that has received considerable attention since the 1992 Rio Earth Summit, where it was first introduced on to the world stage. The UK government has signed up to the Rio declaration, and has done much to integrate procedures throughout its operations.

It has also produced a series of overarching framework environmental policies that effect EIAs and environmental services procured by government agencies and departments

These include advice for purchasers and property centre managers (the government's Green Claims code), advice on policy appraisals, energy efficiency, climate change, transport, training, communications etc. Sustainable development and improvement in environmental performance now permeate government activities.

It is clear that there is some way to go in terms of integrating sustainability into new developments, especially where the development is promoted by the private sector. One of the main ways of integrating sustainability into development proposals is through the use of existing mechanisms such as EIA and experience suggests that revisions are being made to the guidance and analysis tools used.