EU Directive 2001/42/EC on Strategic Environmental Assessment covers the assessment of the effects of certain plans and programmes on the environment. Whereas the Environment Impact Assessment Directive requires examination of individual projects, such as construction or excavation, the Strategic Environmental Assessment Directive looks at environmental impacts from a strategic perspective.
The Directive, which came into force for UK local authorities on 21 July 2004, requires that local authorities carry out an environmental assessment during the preparation of planning and land use strategies.
The SEA Directive applies to all plans and programmes, plus modifications to them, begun after 21 July 2004. Moreover, it also applies to plans and programmes prepared before that date but have not yet been adopted or submitted to a legislative procedure leading to adoption by 21 July 2006. This retroactive provision is likely to affect many plans already under preparation by local authorities across England & Wales.
Broadly speaking the SEA is the process of evaluating the impacts of a strategic action such as a plan or programme on the environment to inform decision making. A plan or programme can be defined as: A plan - a set of linked actions, with a specific timeframe, that implement the policy. A programme - a set of projects in a particular area that implement the plans.
Legislation specifically dealing with nature conservation includes:
Wildlife and Countryside Act 1981, as amended by the Wildlife and countryside (Amendment) Act 1991
Part I of the Act is concerned with the protection of animals and plants and Part II with nature conservation and habitat protection.
The Act provides for the protection of trees and woodlands, with local planning authorities able to issue Tree Preservation Orders. It also provides for the designation of Sites of Special Scientific Interest (SSSIs). Under the Town and Country Planning General Development (Amendment) (No3) Order 1991(SI 1991/2805) consultation with English Nature or the Countryside Council for Wales is required for planning applications involving developments affecting SSSIs.
Conservation (Natural Habitats etc) Regulations 1994 (SI 1994/2716) as amended by SI 1997/3055 and SI 2000/192
These regulations, made under the European Communities Act 1972, implement the EC Habitats Directive (92/43/EEC). The regulations provide for the designation of special areas of conservation (SACs). Any project likely to have a significant effect on such a designated site must be assessed to determine accurately its impact, with strict criteria as to whether the project can proceed if the conservation interest of the site could be damaged. The regulations also require developers to avoid disturbing habitats of protected species.
On land, SACs will be chosen from SSSIs (Sites of Special Scientific Interest). A list of SSSIs is kept on the Local Land Charges Register held by the Local Authority. English Nature and the Countryside Council for Wales also hold details of such sites (refer to Appendix 14).
Hedgerows Regulations 1997 (SI 1997/1160)
The regulations provide for the protection of ‘important hedgerows’ in England and Wales. Regulations 3 and 4 and Schedule 1 (Part II) define the hedgerows to which the regulations apply. Owners can not remove such hedgerows without first notifying the local planning authority except in certain prescribed situations (permitted works - regulation 6). The local planning authority may prevent the removal of the hedgerow by serving a hedgerow retention notice.