Does my plan require an environmental risk assessment?

Since 2004, certain plans and programmes have been subject to a Strategic Environmental Assessment (SEA) as a way of increasing the consideration of environmental issues.

The SEA is intended to ensure that any environmental consequences are identified and addressed while a plan is still in its preparation stage. The assessment takes into account the purpose of the plan, when and what is being undertaken, what outputs are produced and who is going to be involved.

The findings are presented in an environmental report and made available for public consultation. Any issues raised in the report must then be considered by the person making the plan before the plan is formally adopted.

To determine whether a plan requires an SEA, it must undergo a process known as screening, which establishes if a plan meets the criteria set out in the directive. If it does, the plan will automatically require an SEA. The responsibility of deciding whether a plan meets the criteria lies with the plan maker.

If a plan does not automatically meet the criteria, the requirement must be decided on a case by case basis and the plan maker must consult the statutory consultation bodies. The statutory consultation bodies will then give their opinion on whether or not the plan is likely to have a significant effect on the environment.

When a screening consultation is undertaken, the plan maker must produce a screening determination and make this available for public viewing.

An example of a company currently using strategic environmental assessment is energy firm Cuadrilla. Cuadrilla has appointed planning consultants to carry out environmental risk assessments in support of its planning applications to drill, hydraulically fracture and test the flow of gas at two sites in Lancashire. The assessment will be used to ensure that any potential risks are identified and acted on.

Specialist legal advice should be taken when considering the SEA to ensure the regulations and practices are met and understood.

For more information on this, or any other regulatory and compliance matter, please contact David Edwards on 01772 258321 or David.Edwards@harrison-drury.com

Katie Kozlowska, head of Harrison Drury’s Energy Sector team, can also be contacted in relation to these issues on 01772 258321 or Katie.Kozlowska@harrison-drury.com