UDP Strategic Environmental Assessment Considerations

Strategic Environmental Assessments

An EU Directive (2001/42/EC) and recent UK legislation (Environmental Assessment of Plans and Programmes Regulations 2004) have introduced a new requirement for a broad spectrum of plans and programmes to undergo a strategic environmental assessment (SEA). An SEA is essentially an environmental report identifying, describing and evaluating the likely significant effects of implementing the plan/programme in question and its reasonable alternatives, taking into account the objectives and the geographical scope of the document.

The SEA Directive and the Regulations do, however, provide an exemption for those responsible for preparing plans/programmes to decide that, taking into account all relevant circumstances, it would not be feasible to carry out an SEA report.

The Unitary Development Plan (UDP), although in its late stages of production, does fall within the remit of the SEA Directive and the Regulations; therefore the feasibility of undertaking an environmental report at this time has been assessed in detail. The Council has subsequently made a formal determination under regulation 6 of the Regulations that to carry out an SEA of the UDP is not considered to be feasible. This decision was reached taking into account the following:

• That there is a real impediment to carrying out an SEA and it is not merely inconvenient;
• That the Council are not undermining the objectives of the Regulations, nor evading their duty by manipulating deadlines and intentionally attempting to rely upon the exemption provided within the Regulations;
• That the UDP has reached such an advanced stage in its preparation that there are compelling reasons why an SEA should not be carried out or it would be unreasonable to do so taking into account the:
• Statutory steps still to be taken before adoption,
• Expectation that people have that the UDP will proceed to adoption,
• Expense and disruption of having to go back to the beginning of the preparation process, and
• Extent to which an SEA report at this stage is unlikely to add value or achieve the objectives of the legislation particularly since sustainability appraisals have already been carried out at appropriate times during the preparation of the UDP.

A copy of the Cabinet report detailing the reasons for the non-feasibility decision is available to be viewed by clicking on the link below. Any queries in relation to the Cabinet report can be directed to Dr David Nicholson, Forward Planning Department.

A public notice detailing the above was published in the Hereford Times newspaper on 1st December 2005.

Last Updated: 29 March 07,
Review Date: 20 September 2005