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Contents

Introduction
What is an Environmental Assessment?
What plans and programmes does the Directive apply to?
Who will do the SEA?
Undertaking a SEA
Additional points
Further Information

Introduction

Directive 2001/42 EC known as the SEA Directive, requires an 'environmental assessment' to be undertaken of certain plans and programmes which are likely to have significant effects on the environment.

It applies to plans and programmes whose formal preparation began after 21 July 2004, and also to those which are already in preparation by that date but will not be adopted or submitted to a legislative procedure by 21 July 2006.

The SEA must be carried out during the preparation of the plan or programme and before its adoption or submission to a legislative procedure.

Its objective is "to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development".

Detailed information on SEA is available from the website of the Office of the Deputy Prime Minister.

What is an 'Environmental Assessment'?

The Directive defines 'environmental assessment' as a procedure comprising:

What Plans and Programmes does the Directive Apply to?

The plans and programmes which fall within the scope of the Directive are those which are subject to preparation and/or adoption by an authority at national, regional or local level. Or those which are prepared by an authority for adoption through a legislative procedure by Parliament or Government, and which are required by legislative, regulatory or administrative provisions. This includes both the old system of local authority development plans and Regional Planning Guidance and the new Local Development Documents and Regional Spatial Strategies.

Pilot SEA's and planning guidance for Local Authorities are available from the ODPM website. Additionally, ODPM's Sustainability Appraisal Guidance describes an appraisal process which satisfies the legal requirements for both SEA and Sustainability Appraisal.

The Directive makes an SEA mandatory for plans and programmes that set development consents for projects that will require an EIA in the following topic areas; agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use.

Additionally, SEA is required for any plans or programmes which:

• set the framework for future development consent for any projects requiring an EIA; and
• where during the determination of use of small areas at local level, there is likely to be a significant environmental impact on sites designated under the Habitats Directive.

In the UK, various approaches to conducting strategic assessments and appraisals are already well developed including environmental appraisal of local authority land-use plans and sustainability appraisal of regional planning guidance. These existing approaches will hopefully be strengthened through implementation of the SEA Directive.

Who will do SEAs?

The Directive does not specify who should carry out a SEA. The obligation to ensure that an SEA is done will normally lie with the Responsible Authority which produces the plan or programme, but the work may be done either by the authority's own staff or by others such as consultants, or a combination of the two.

Undertaking a SEA

1. The Environmental Report

The Environmental Report is the key element of the environmental assessment required by the Directive. Where SEA is required, a Report must be prepared in which the likely significant environmental effects of implementing the plan or programme, are identified, described and evaluated.

The information in the report should include;

• the environmental protection objectives relevant to the plan or programme;
• the current state of the environment before implementation of the plan or programme;
• the likely significant effects on the environment, including on issues such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage, landscape, and the interrelationship between these factors; and
• the mitigation measures envisaged.

It should also provide information on other relevant plans, programmes and environmental protection objectives and how the plan will relate to them. Types of other plans include Local Transport Plans, Community Strategies, Neighbouring authorities plans, Regional Development Agency strategies, Environment Agency River Basin Management Plans and Water Resources Plans.

2. Consultation

The Directive requires that the public, and also the authorities likely to be concerned by the environmental effects of implementing the plan or programme, are consulted as part of the SEA process. It also requires that consultation responses be taken into account during the preparation of the plan or programme and before its adoption or submission to a legislative procedure.

In England, the Environment Agency, Countryside Agency, English Nature and English Heritage are statutory consultees. They have published an advice note that describes the services and standards which 'Responsible Authorities' can expect when consulting them in relation to the SEA Directive.

English Nature, in conjunction with the Environment Agency and RSPB, have published their SEA and Biodiversity Guidance. Hard copies are available from the respective organisations websites. Additionally, the Environment Agency's Good Practice Guidelines for SEA are now available on their website.

3. Decision Making

When a plan or programme is adopted, the following information has to be released:

• the plan as adopted;
• a statement summarising how environmental considerations have been integrated into the plan, how the Environmental Report and consultation responses have been taken into account, and the reasons for choosing the plan as adopted in the light of other alternatives; and
• the measures decided concerning monitoring.

4. Monitoring

The Directive requires monitoring to identify any unforeseen adverse effects and to enable appropriate remedial action to be taken. This allows for comparison of the the actual effects of the plan to be tested against those predicted in the SEA. It can also be used to provide baseline information for future plans or programmes.

Additional Points

If an SEA has been done, is EIA still needed?

The SEA Directive does not disapply the EIA Directive. In practice an SEA will typically be concerned with broad proposals and alternatives, while EIA is project-specific and requires more detailed information on the effects of a particular proposal on the environment. SEAs will help with the preparation of an EIA but will not remove the need for one.

Integration with Existing Plans

ODPM good practice guidance encourages the Environmental Report to provide information on the plan’s ‘relationship with other relevant plans and programmes’ and ‘the environmental protection objectives, established'. Plans that should be accounted for include:

• Neighbouring authority plans
• Plans and programmes of agencies, e.g. Regional Development Agency strategies, Environment Agency River Basin Management Plans and Water Resources Plans
• Biodiversity Action Plans, species action plans and habitat action plans
• European Directives, including the Habitats, Birds, Nitrates, Air Quality, Water Framework and Waste Framework Directives

Further Information

Further information is available from the Strategic Environmental Assessment Information Service website. This site contains information on the latest news, events and publications relating to SEA.

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