A Henry Stewart Development Briefing on

Important Changes in Three Areas that affect when Planning Consents are Granted and for what

Chairman:
Philip Wilbourn, Chairman, Wilbourn Associates

Speakers:
Martin Edwards, Planning Barrister, 39 Essex Street
Tim Elliott, Managing Director, Corsair Environmental Surveyors Limited
Andrew Farrow, Environmental Planning Manager, Environmental Planning Service, Cheshire County Council
Diana Fitzsimons, Director, Turley Associates
Jim Green, Development Manager, Baylight Properties
Steve McPartlin, National Soil & Groundwater Risk Manager, WSP Environmental Limited
Michael RH Lee-Wright, Planning Director, GL Hearn Limited
Matthew Sheppard, Planning and Urban Design Consultant, Turley Associates
Stephen Tromans, Barrister, 39 Essex Street

 

CONTAMINATION AND RECLAMATION

The New Standards
• Make ‘safe’ not ‘clean’
• Risk and hazard
• Remediation or risk mitigation

The New Methods
• ‘Reuse’ not ‘remove’
• Cost and program impacts of materials re-use
• Integrated concurrent remediation

Doing Deals With Planning Authorities
• Environmental impact reduction through scheme design
• Economic viability of mixed use schemes
• Allowing for transparent decision making

SUSTAINABLE DEVELOPMENT

What It Now Means And To whom
• The Brundtland Definition
• The triple bottom line
• Sustainable communities

What Must Developers Demonstrate?
• Statutory obligations
• Planning requirements
• Value in the short, medium and long term
• True engagement

Who It Is Affecting In Practice, How, And How They Are Responding
• Early achievers and laggards
• National and Local Government
• Banks and funds
• Corporates and property companies
• Customers

The Legal Perspective
• Is there a legal definition of “sustainable development”?
• How sustainable development is achieved through planning and environmental policy
• Is there a universal policy definition of “sustainable development”?
• How does the planning system ensure that developments are sustainable?
• Green transport plans and other legal mechanisms for delivering sustainable development?

ENVIRONMENTAL IMPACT ASSESSMENT

Basis Of Rules On EIA And Fundamental Requirements
• EC law as UK law
• Identifying Schedule 1 and 2 projects
• Thresholds and criteria
• Screening Schedule 2 projects
• Adequacy of the Environment Statement
• Problem areas and what to do about them

When Environmental Assessment Reports Are Needed
• 'Schedule 1 projects' - for which EIA is required in every case
• 'Schedule 2 projects' - for which EIA is required only if the particular project in question is judged likely to give rise to significant environmental effects
• Obtaining a clear ruling on the need for EIA

Who Commissions Them, Who Prepares Them, Where Are They Submitted
• Responsibilities of the owner/developer
• Preparation by the developer
• Submission to the correct competent body – not always the Local Planning Authority

What Does An Environmental Statement (ES) Contain?
• Relationship with the planning process
• Scoping with the Local Planning Authority
• Format of the ES, chapter summaries, non-technical summary
• Amendments/addendums

How Are They Prepared And How Long Does This Take?
• Baseline analysis
• Potential impact analysis
• Mitigation proposals
• Significance of residual impacts
• Timescales

How To Manage The ES Team
• The brief and timescales
• Structuring the management process
• Frequent review of progress
• Controlling costs

Who Is The Audience - What Do They Do With The Information?
• Local Planning Authority
• Statutory consultation bodies
• The public
• Would be objectors

Who Can Comment And Who Can Challenge
• Statutory consultees
• Non-statutory consultees
• Third parties

Amendments Or Addendums To Environmental Impact Assessments
• What you can and cannot do
• Public consultation
• Best practice

The Importance Of ‘Significance’
• Statutory position
• EIA or not
• Impact v. quality

Understanding ‘Mitigation’
• Scheme design v. mitigation
• Negotiating agreement
• An acceptable balance of impacts

Understanding ‘Sustainability’
• Ecological carrying capacity
• Policy definition
• Practical interpretation

Understanding Public Consultation
• Agreeing public consultation with the Local Planning Authority
• What level of public consultation is necessary
• What level of public consultation is desirable
• Ways of getting the information across

The Art Of Controlling Costs
• Is EIA necessary?
• Can work be deferred?
• The right team for the job

The Planning Authority's Perspective
• What are Local Authorities looking for in an EIA?
• How and when to involve the Local Planning Authority
• Best practice in the preparation of an EIA
• Things to avoid when compiling an EIA