PART 2

Sets out fundamental core principles andrequired processes. Tone will be less discursive and more focussed on methods, procedures and technical issues. Checklists, bullet points, text boxes, flow charts, diagrams etc will be included as appropriate, with photographs and illustrations where relevant.

Chapter 4 Principles and overview of process

  • Methodology and terminology

- Effects assessment: magnitude, sensitivity, significance. (Impact/effect) Introduced in Chapter 1

- Defining EIA and SEA significance Principles - details in Chapters 6 and 7

- Dealing with legal, policy, LCA context depending on geographic location

- Tailoring approach to appropriate level of detail required (scale)

  • ‘Length and presentation’ of the assessment: relevant and appropriate content
  • Landscape (impact) Assessment) Introduced this distinction in Chapter 2
  • Visual (impact) Assessment ) Details of scope and procedures in Chapters 6/7
  • Cumulative (impact) AssessmentIntroduced in Chapter 3, mentioned here under nature of effects, detail in separate Chapter 8 (possibly)
  • Recording key steps and maintaining an audit trail
  • Monitoring
  • Visualisations, illustrations, GIS and modelling toolsBetter In Chapter 7 and 9??
  • Key steps (flow chart?)
  • Summary/checklist

Introduction

4.1 This Chapter introduces the processes of LVIA and sets them in the context of the wider EIA procedures. There is now a well established set of steps and procedures for EIA which is summarised in simplified form in Figure 3.1 and in the flow chart in Figure 3.2 (a modified and simplified version of current 3.2). LVIA is normally carried out as a separate theme or topic study within an EIA and appears as a separate section of the ES. There are links between the EIA process and LVIA at virtually every stage, which are summarised below. Greater detail on how the key steps in the process are carried out specifically for landscape effects and for visual effects are included in Chapter 6 and 7 respectively. A clear distinction must be drawn between the process of carrying out the assessment - the EIA or more specifically the LVIA - and the presentation of the findings of the assessment - the Environmental Statement or ES. Guidelines on handling information about landscape and visual impacts in the Environmental Statement are provided in Chapter 9.

Some key principles of good practice

4.2Good practice in LVIA will be helped by considering the following overarching principles:

  • Techniques and methods used should be clearly described so that the procedures can be understood by non experts and can be replicated if necessary;
  • Approaches should be tailored to the particular circumstances of the proposal, with legal, policy and contextual information all being specific to the particular geographical location;
  • Terminology must be clearly defined;
  • Good records should be kept of all surveys and of the steps taken in reaching judgements about significant effects so that there is an audit trail that can be followed;
  • Emphasis should be placed upon key issues and effects that are likely to be most relevant to decision-making, while acknowledging where lesser concerns have been considered but not included in the detailed assessment. Quality of the assessment is more important than quantity;
  • Consultation with others should be used to provide relevant information and to help[mvg1] judgements about matters of value and significance, while making clear where professional judgement has been used;
  • Impartiality is vital and judgements should be both as objective as possible and fully explained;
  • If there is uncertainty about possible effects the 'precautionary principle' should be adopted and the worst-case [mvg2]scenario considered;
  • Any limitations that may have constrained the assessment should be fully stated. These might, for example, relate to unavailability of information, effects of adverse weather or visibility on field surveys, or gaps in responses to consultations.

Figure 3.1 Steps in the EIA Process

Step in Process / Description
Screening / Determination of whether an EIA is needed for the proposed development
Project description/specification / Provides a description of the proposed development for the purpose of the assessment. Normally includes description of any alternatives considered.
Scoping / Makes an initial judgement about the scope of the EIA and of the issues that need to be covered under the individual topics or themes. Includes establishment of the relevant study area.
Baseline studies / Establishes the existing nature of the environment in the study area, including the effects of any changes likely to occur independently of the development proposal. Includes information on the value attached to the different environmental resources.
Prediction and description of the effects / Systematic prediction of the effects that are likely to occur and description of their nature.
Mitigation / Proposals for measures designed to for avoid, reduce or compensate for any negative effects or enhance positive effects. Mitigation proposals may be incorporated into the project design through the iterative design and assessment process
Evaluation of the effects after mitigation / Systematic and transparent evaluation of the evaluation of the effects that remain after mitigation has been incorporated into the scheme proposal.
Preparation of the Environmental Statement / Presentation of the findings of the EIA in written and graphic form in the Environmental Statement.
Monitoring and auditing / Monitoring and auditing of the effects of the implementation of the proposal and of the mitigation measures proposed.

Screening

4.3This step determines the need for an EIA. The EU Directives and UK country regulations set out the types of project, known as Annex 1/Schedule 1 projects for which an EIA is mandatory. They also list Annex 2/Schedule 2 projects which may require EIA if they are likely to have significant effects on the environment. The initial assessment of whether or not an EIA is required will usually consider the nature, size and location of the development and the nature and scale of the likely environmental effects.

4.4The proposer of a scheme may seek a screening opinion from the competent authority (usually the local authority or other regulating body) to indicate whether an EIA is required Government guidance suggests that when decisions are made by the competent authority as to the need for an EIA, the first criterion to be taken into account should be whether or not the development is in a location that falls within a defined (in the UK country regulations) range of sensitive [mvg3]areas. From a landscape perspective the list of such areas includes National Parks, the Broads, landscapes appearing on the World Heritage List and Areas of Outstanding Natural Beautyand equivalent areas in Scotland[mvg4]. Other areas designated at a local level may also be relevant.

4.5If all or part the proposed development is in a sensitive area then consideration is given to the thresholds relating to different types of development included in Schedule 2 of the EIA Regulations and to the following criteria set out in Government Guidance[1]:

  • Characteristics of development – taking into account aspects such as size, raw material usage, emissions and risk of accidents;
  • Location of development – the environmental sensitivity of the areas likely to be affected including existing land uses and the capacity of the existing environment to ‘absorb’ the new development;
  • Characteristics of the potential impact – in particular with regard to its extent,complexity, probability, duration and frequency, in relation to the characteristics and location of the development.

4.6In contributing to the screening process the landscape professional may be called upon to provide a professional, albeit informal, opinion as to the potential sensitivity of the landscape or visual effects of a scheme. In making any judgements and providing such advice and opinion, it is important to adopt a structured and systematic approach from the outset and record all actions undertaken, information gathered, issues taken into consideration, assumptions made and opinions offered, together with reasoned justifications.The formally designated landscapes listed in Paragraph 4.3 are considered by definition, to be more sensitive to change than other areas. Development proposals in or likely to indirectly affect such designated areas are often likely to require an EIA. But a focus simply on designated landscapes is likely to be too crude and other landscapes which are deemed sensitive to particular types of development may also meet the [mvg5]criteria.

4.7The EIA process has clear and proven benefits in improving the sighting, layout and design of development schemes. Landscape and visual issues, because they are often closely related to scheme design, are an essential part of this. The process can contribute to all forms of development whether included in Schedules/Annexes 1 or 2 or not. As a result some scheme proposers will choose to carry out an EIA even when not formally required to do so, simply because the benefits are recognized.

Project description/specification

4.8An overall description of the nature of the proposed development sometimes referred to as the ‘project specification’ makes an important contribution to all the topics covered in an EIA. It is usually a free standing piece of work and forms a separate component of the ES. It provides a description of the siting, layout and other characteristics of the development. For the LVIA it is important to understand the essential aspects of the scheme which will determine its effects on the landscape within which it is set and the views that people in the vicinity will have of it. This means having a clear understanding of which aspects of the project description a relevant to the LVIA. This is considered further in Chapter 5.

Scoping

4.9Defining the scope of the EIA study is one of the most critical parts of the process in that it sets the context for everything else which follows. If the scope is defined too narrowly, some critical area of uncertainty or adverse impact may emerge late in the day, at a time when decisions on the shape of the project are too far advanced to allow for any real change. On the other hand, if the scope of the work is too loosely defined, then much time, effort and cost may be spent on pursuing unnecessary detail.

(Text below (4.9 -4.10) is based largely on 3.13 - 3.17 in second edition with minor changes)

4.10Scoping is the procedure by which the key topics to be examined and the areas of likely significant effects are identified. There is a mechanism to allow the proposers of schemes to ask the competent authority for a scoping opinion, to help to identify the potential effects of a scheme. The objective of scoping is to ensure that all relevant issues are addressed in the EIA but it should not however be used to pre-judge the effect of a development at this early stage. This stage usually requires a desk study, site and scheme familiarisation and informal consultations with the competent authority and the main statutory and other consultees. A request may also be made to the competent authority for a scoping opinion concerning the information that is ultimately to be supplied in the ES. The scoping opinion can help to ascertain the Authority’s opinion on what the main or significant effects are likely to be and to define the content or scope of the ES.

4.11An ES is not necessarily rendered invalid if it does not cover all the matters specified in the scoping opinion or directive, or because an applicant fails to provide further information when required to do so. However, if it is deemed that the applicant has failed to provide sufficient information on the environmental effects to enable the Regulatory Authority to make an informed decision, the planning application is likely to be refused. Some less important effects may be ‘scoped out’ in that they will not be explored in detail in the EIA. But they may still be briefly reported on in the ESto alert readers to the fact that they were considered.

4.12A scoping document can be produced to set out the range of possible issues, explaining why each will or will not be evaluated in the full assessment. It may also include brief details on methods, assessment techniques and the presentation of information to be included in the final ES. Although not mandatory a scoping document can be helpful and may be prepared as a free-standing document or incorporated in the ES.

4.13 In terms of LVIA scoping should be expected to consider several key matters, which should ideally be discussed with landscape professionals in the competent authority as well as with statutory consultees, interest groups and local people[mvg6]. They include:

  • The extent of the study area to be used for assessment of landscape and visual effects;
  • The nature[mvg7] of the potential landscape and visual effects that might occur, without at this stage predicting that they necessarily will occur;
  • The main receptors of impact that need to be addressed in the full assessment including viewpoints that should be assessed for visual effects;
  • The nature extent and level of detail for the baseline studies that will be carried out for the LVIA;
  • Approaches to the assessment of the significance of the effects that may be identified;
  • The requirements with respect to the assessment of cumulative landscape and visual effects.

[mvg8]******

TEXT BETWEEN SETS OF ASTERISKS IS ORIGINAL WITH SUGGESTED AMENDMENTS BUT MAY NEED MORE FUNDAMENTAL REVIEW - TO DISCUSS??

Baseline studies

(this is the current second edition text from 6.1 - 6.5 with minor editing - all needs to be reviewed. )

4.14The initial step in any landscape or visual impact assessment is to establish review the existing landscape and visual resource – that is the baseline landscape and visual conditions. The data information collected will, when reviewed alongside the description of the proposed change or development, form the basis from which the occurrence, estimation of magnitude and significancefor the prediction, description and evaluation of the landscape and visual effects of the development may be identified and assessedproposal.

The purpose of baseline studies is to record and analyse the existing landscape features, characteristicsprovide an understanding of the landscape in the area that may be affected, , the way the landscape is experienced, and the valueor importanceof the landscape and visual resources in the vicinity of the proposed developmentattached to it. This requires research, classification, and analysis of the landscape and visual resources as follows :

Research / Survey involves both desk and field studies to assemble basic information.

Classification entails sorting landscape into units or groups of distinct and recognisable type and character.

Analysis involves the detailed examination of the constituent parts of the landscape and visual resources in order to understand how they are made up and experienced. It can also include the process of ascertaining the relative importance of the various aspects of the landscape and visual resource.

Presentation of findings(This seems unnecessary here - better in Chapters 6 and 7)

Methods and tools

4.15The level of detail provided should be appropriate to the scale and type of development, the sensitivities associated with the landscape and its visual amenityy of the receptors and the potential for adverse (negative) or beneficial (positive) effects to occur. It should also be appropriate to each the different stages of the assessment process. Thus For example, at the scoping and site selection, screening and scoping stages, the primary aim is to identify key issues and constraints. For this purpose, fairly broad-brush, a fairly broad-brush preliminary site assessment with mainly desk-based studies may be adequate based primarilyon, for example, on landscape designations, existing landscape character assessments, mapped areas of ancient woodland, and known sites of recreational interest that will influence site selection. Once the preferred site has been selected, and screening and scoping are completed more comprehensive and detailed baseline studies are carried outrequired.

The level of detail required must suit the purpose of each stage.

4.16Landscape and visual baseline studies play an important part not only in the assessment process but also in the design process, providing an overview of the environmental constraints or opportunities that may influence the design of the final development. It is important that the information collated is considered in relation to that for other parallel studies such as cultural heritage and flora and fauna to ensure an integrated approach to design development. Principle sources of background information include the Regulatory Authority, Government Agencies and local special interest groups and organisations[mvg9]. (is this helpful here - maybe better to say more in Chapters 6 and 7)

4.17It is important to bear in mind that the baseline landscape is dynamic not static. The landscape may already be changing for reasons unrelated to the development. The baseline studies therefore address not only the existing landscape, but also such landscape dynamics askey drivers of change that may be identified , together withand the likely future character of the landscape, without the proposed development, that may result. Account isshouldmay[mvg10]also be taken of any landscape management strategiesy or guidelines that may exist or are in preparation for the area of study. The baseline studies are should be a strictly factual record and analysis of the existing landscape and visual resourcesamenity in the area, and the value or importance attached to them. They must not be confused or combined with impact analysis, which is not attempted appropriate at this stage. The following sections consider separately the landscape and visual baselines in more detail.Methods of assessing the baseline conditions for landscape and visual effects are summarised in Chapters 6 and 7.

Prediction of effects

(this is based on the current second edition text from 7.2 - 7.13 with significant additions of new or replacement text and editing/re-writing shown in track changes - all needs to be reviewed).

4.18Once the key aspects of the proposed change or development that are relevant to landscape and visual effects have been determined, and the baseline conditions established, the effects expected to occur can be predicted. There is no formulaic way of doing this. It is a matter of logical and structured thinking about all the possible interactions throughout the whole life cycle of the development. Opinions[mvg11] may also be sought from the competent authority, statutory consultees, interest groups and local communities, to build on the advice given at the scoping stage.