PART 2

Sets out fundamental core principles and required 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[J1]

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) Assessment Introduced 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 tools Better In Chapter 7 and 9??

Key steps (flow chart?)

Summary/checklist

Introduction

4.1 This Chapter introduces the processes of LVIA and sets themthemthemithemthem in the context of the wider EIA procedures. There is now a reasonably well established set of steps and procedures for EIA which is summarised in simplified form in Figure 434.1 and in the flow chart in Figure 434.2 (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 ofofofwithinof antheof the ES. There are links between the EIA process and LVIA at virtually every stage. These, which are summarised below. [MOC2]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.

Screenin[j3]g

Screening

4.2This step determines the need for an EIA. The EU Directives and UK country regulations [j4]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 thought likely to have significant effects on the environment. The screening process initial assessment of whether or not an EIA is required will usually considerconsiderconsidersconsider the nature, size and location of the development and the nature and scale of the likely environmental effects, through reference to Schedule 3, to decide whether or not an EIA is required.

4.3 The 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[J5] Government guidance suggests [j6]that when decisions are made by the competent authority as to the need for an EIA, the criteria to be taken into account include whether or not the development is in a location that falls within a sensitive area (as defined (in the UK country[J7] regulations regulationsRregulationsregulations) range of sensitive [mvg8]areas. The list of potentially sensitive areas includes a variety of national and local landscape designations, which are discussed further in Chapter 6[J9].

Some key principles of good practice

4.2Good practice in LVIA will be helped by considering[J10] 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[J11];

Approaches should be tailored to the particular circumstances of the proposal, with legal[J12], policy and contextual information all being specific to the particular geographical location[J13];

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[mvg14] 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 the reasoning process that led to them fully explained;

If there is uncertainty about possible effects the 'precautionary principle' should be adopted and the worst-case[J15] [mvg16][MOC17]scenario considered;

Any limitations that may have constrained the assessment[J18] 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 434.1 Steps in the EIA Process

Step in process / Description
Project description/specification / Provides a description of the proposed development for the purpose of the assessment, that is, identifying the main features of the proposals and establishing parameters such as maximum extents of the development or sizes of the elements. Normally includes description of any alternatives considered.
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, that is, identifying the main features of the proposals and establishing parameters such as maximum extents of the development or sizes of the elements. 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 Identification and description of the effects / Systematic prediction identification of the effects that are likely to occur and description of their nature.
Mitigation measures[j19] / Proposals for measures designed to for avoid/prevent, reduce or offset or compensate for any negative effects or enhance[J20] positive effects[J21]. 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 all possible 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 [J22]measures proposed[J23], especially where they are covered by conditions attached to any permission that may be given[MOC24].

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.

4.4 The 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 [mvg25]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 Beauty and equivalent areas in Scotland[mvg26]. Other areas designated at a local level may also be relevant.

4.454.4If 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 [j27]of the EIA Regulations and to the following criteria set out in Government Guidance[1][j28][2][3][J29]:

  • Characteristics of development – taking into account aspects such as size, raw material usage, emissions and risk of accidents;

Location of development – the potential environmental sensitivity[J30] of the areas likely to be affected, including existing land uses and the capacity of the existing environment to ‘absorb’ the new development[J31];

  • Characteristics of the potential impact – in particular with regard to its extent, complexity, probability, duration and frequencyfrequencyfrequ[j32]encyfrequency, in relation to the characteristics and location of the development.

4.565In contributing to the screening process the landscape professional may be called upon to provide a professional, albeit informal, opinion as to the potential sensitivity[J33] of the landscape and/or visual effects of athethe visual amenity matters in the area likely to be affected by the 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. F The formallyFormally designated landscapes listed in Paragraph 4.3 are likely, considered by definition, to be[J34] more sensitive to change than other areas but the regulations require a judgment about their capacity to absorb the proposed change. Development proposals in or likely to indirectly affect such designated areas are often likely to require an EIA[j35]. But a focus simply on designated landscapes is likely to be too crude and other landscapes which are deemed potentially sensitive[J36] to particular types of development may also meet the [mvg37]criteria. This is now especially important given the emphasis of the European Landscape Convention on the need to give consideration [j38]to all landscapes.

4.676The EIA process has clear and proven benefits in improving the sightingsiting[J39]siting, layout and design of development schemes. LandscapeLandscapeLandscapeConsideration of lLandscapeLandscape and visual issuesissuesissuesissuesmattersissues, because they are often closelycloselycloselyfundamentallycloselyclosely related to scheme design, are an essential part of this. TheTheTheLVIATheThe 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 EIAEIAEIAELVIAEIA even when not formally required to do so, simply because the benefits are recognized.[CS40]

Project description/specification

4.787An overall description of the nature characteristics 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 a critical part of an Environmental Statement and usually a free standing piece of work [MOC41]and forms a separate component of the ES. It provides a description of the siting, layout and other characteristics of the development.[j42]It is not usually necessary to repeat the information in individual sections of the Statement dealing with particular topics. Rather it is important to make sure that the project description provides all the information needed to identify its effects on particular aspects of the environment. For the LVIA it is important to understand, from the project description, the essential aspects of the scheme which will potentiallydetermine[J43] give rise to its effects on the landscape orororandoror on visual amenity.within which it is set and the views that people in the vicinity [MOC44]will have of it. This means having a clear understanding of which aspects of the project description a[J45] relevant to the LVIAAt At this stage it may also be possible to flag up potential effects on a preliminary basis that can be addressed by incorporating mitigation measures into the scheme design . This Understanding key aspects of the project and matters of mitigation in scheme design are bothisboth considered further in Chapter 5.

[j46]

Scoping

4.898Defining 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 areas 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. Proportionality is the key.

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

4.9104.9Scoping 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 theUnderUnder the regulations proposers of schemes to may ask [MOC47]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 identified and 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.

4.10110An ES is not necessarily rendered invalid if it does not cover all the matters specified in the scoping opinion or directive[j48], 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 competent aAuthority [MOC49]authority to make an informed decision[J50], the planning application is likely to be refused[J51]. 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 ES to alert readers to the fact that they were considered.

4.11211A scoping document can be produced to set out the range of possible issues, and 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 form of presentation of information to be included in the final ES. Although not mandatory, a scoping document can be helpful andandandfor all concerned with the proposed development to gain a sensible understanding of what may come forwardandand may be prepared as a free-standing document or incorporated in the ES.

4.123 12In terms of LVIA, scoping should be expected to consider severalseveralseveralseverala number ofseveral 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[mvg52]. They include. They includeincludemay include some or all of the following depending of circumtancesinclude:

:

tThe

  • the extent of the study area to be used for assessment of landscape and visual effects;

sources of information;

  • tThethenature[mvg53] of the potential possible [MOC54]landscape and visual effects that might occur, especially those deemed most likely to occur and most significant, but without at this stage predicting that they necessarily will occur;

tThethe main receptors of impactreceptors[4] of the potential landscape and visual effects that need to be addressed in the full assessment including viewpoints that should be assessed for visual effects;

  • tThe naturethe extent and level of detail for the baseline studies that will be carried out for the LVIA;
  • Approaches to themethodsmethods to be used inassessingmentassessing of the significance of the effects that may be identified;
  • tThethe requirements with respect to the assessment of cumulative landscape and visual effects[j55].

[mvg56]******

TEXT BETWEEN SETS OF ASTERISKS IS ORIGINAL WITH SUGGESTED AMENDMENTS BUT MAY NEED MORE FUNDAMENTAL REVIEW - TO DISCUSS?? To see text after editing simply switch to Final as opposed to Final showing Mark Up in the Review menu[J57]

Baseline studies

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

4.13413The 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 whichfor the occurrence, estimation of magnitudeidentification and significancefor the predicidentification and, description and evaluation of the landscape and visual effects of the development may be identified and assessedproposal.proposal. The purpose of baseline studies for landscape is to record and analyse the existing landscape features, characteristicsprovideprovide an understanding of the landscape and visual environment in the area that may be affected[J58] – its constituent elements, features, patterns,element, its character, and patterns in the way that character varies, its condition, , the way the landscape is experienced, and the valueor importanceof the landscape and visual resources in the vicinity of the proposed developmentattachedattached to it. For visual amenity the aim is to establish the area in which the proposed development may be visible, the viewpoints from which it can be seen, the people who experience views at thiose[J59] points, and the nature of the views.This requires research, classification, and analysis of the landscape and visual resources as follows :