Streamlining the EIA Process for Hydro Development 23 October 2012 Presented by Jennifer Ballantyne

Environmental Impact Assessment – the law Town and Country Planning (EIA) (Scotland) Regulations 2011 “EIA Development” is either –Schedule 1 development (n/a to hydro) or –Schedule 2 development IF likely to have significant environmental effects due to its size, nature or location Schedule 2 development is a hydro development either –(a) with a capacity greater than 500kW or –(b) (irrespective of size) any part of which is located within a sensitive area "sensitive area" any SSSI, European site, National Park, NSA, scheduled monument or World Heritage Site N.B. Don’t forget the IF

Some Statistics Since 1 June 2011: –Highland Council : 33 applications (three +1MW) –Argyll & Bute Council: 10 applications (one +1MW) FREDS Hydro Resource Study 2008: –< 100kW – 6 schemes – kW – 537 schemes –500kW-1MW – 300 schemes –1-5MW – 170 schemes –5-10MW – 6 schemes Must get the right approach to EIA for schemes <1MW

Some Trends Increasing number of applications Increasing costs Increasing length and complexity of Environmental Statements –Positive Improved understanding and science More robust assessments –Negative Risk averse approach One size fits all Commercial drivers

Some Guidance Scottish Government guidance (Planning Circular 3/2011) –“emphasis should be on the 'main' or 'significant' environmental effects to which the development is likely to give rise –other impacts may be of little or no significance for the particular development in question and will need only very brief treatment” IEMA Special Report on the State of Environmental Impact Assessment Practice in the UK (June 2011) –increased efficiencies in EIA coordination –improved engagement with communities –exchanging knowledge with stakeholders to tackle difficult issues

Streamlining the EIA Process KEY STAGES Screening* Scoping* & Initial Engagement Design Environmental Studies & Preparation of ES Submission of ES to LPA Review of adequacy of ES Consultation with key agencies and other interested parties Consideration of environmental information before making decision Issue of Decision * The highlighted steps form part of good practice in EIA but are not mandatory steps and are voluntary parts of the process.

Screening Applicant can request; decision by LPA within 3 weeks IEMA Special Report (June 2011) –“considerable anecdotal evidence to suggest that screening of all types of development proposals above the Schedule 2 thresholds is not regularly undertaken by all LPAs” Standard Checklist –leads to standard answer Bespoke Checklist? N.B. No EIA means less environmental information (not none)

Scoping Applicant can request; decision by LPA within 5 weeks Developers/Consultants –Keep it snappy –Forget scoping reports? –Challenge more LPAs –Exercise judgement wisely and specifically –One size doesn’t fit all – especially “wind impacts” –Avoid further information requests Statutory Consultees –Avoid generic responses and “wish lists” –Avoid duplication of controls

The Future Co-ordinated action EIA Forum? Hydro specific guidance? Aarhus-related increase in third party challenges? EU review of the EIA Directive to –ensure current level of environmental protection is maintained; –emphasise the quality of the EIA, rather than procedure; and –streamlining EIA requirements and remove duplication New EIA Directive in force 2016?

Contact Jennifer Ballantyne Partner, Planning & Environment Team T: E:

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