Environmental Impact Assessment Screening Report - Land at Patcham Court Farm

Job Number: 33070/A5/EIAScreening

Draft

Issue/Rev: 01

Date: June 2021

Prepared by: EH

Checked by: RD

Final

Issue/Rev: 02

Date: July 2021

Prepared by: EH

Checked by: RD

1.1

This report has been prepared by Barton Willmore1 on behalf of the Applicant. The report accompanies a request to Brighton and Hove City Council (BHCC) to adopt a screening opinion to determine whether proposed development on Land at Patcham Court Farm, Brighton (the ‘site’), constitutes EIA development.

1.2

The report reflects the requirements of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, as amended i (the ‘EIA Regulations’) and in accordance with Regulation 6 of the EIA Regulations contains:

• a plan sufficient to identify the land
• a description of the development, including in particular

(i) a description of the physical characteristics of the development and, where relevant, of demolition works
(ii) a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected

• a description of the aspects of the environment likely to be significantly affected by the development
• to the extent the information is available, a description of any likely significant effects of the development on the environment resulting from

(i) the expected residues and emissions and the production of waste, where relevant
(ii) the use of natural resources, in particular soil, land, water and biodiversity

• such other information or representations as the person making the request may wish to provide or make, including any features of the development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment

Requirement for EIA

1.3

In order to determine whether the development is ‘EIA development’, regard must be had for the EIA Regulations and supporting Planning Practice Guidance (PPG)ii. EIA development is defined by the EIA Regulations as development: “likely to have significant effects on the environment by virtue of factors such as its nature, size or location”.

1.4

EIA development falls into two Schedules of the EIA Regulations. EIA is mandatory for developments listed within Schedule 1. Schedule 2 developments require EIA if they would lead to likely significant effects on the environment. In deciding whether a Schedule 2 development is EIA development, Regulation 5(4) states:

“Where a relevant planning authority … has to decide under these Regulations whether Schedule 2 development is EIA development, the relevant planning authority … must take into account in making that decision:

(a) Any information provided by the applicant

(b) The results of any relevant EU environmental assessment which are reasonably available to relevant planning authority…

(c) such of the selection criteria set out in Schedule 3 as are relevant to the development.”

1.5

In order to allow BHCC to determine the need for EIA, this report provides a description of the site and development, a review of the EIA Screening Criteria based on the EIA Regulations and PPG, a completed EIA Screening Checklist, and a Site Location Plan at Appendix A.

2.1

The site is located within Patcham, a residential area approximately 5km north of Brighton and Hove City centre and located in the administrative area of BHCC. The site, which extends to approximately 1.56 hectares (ha) is vacant and contains several, mainly derelict, low rise agricultural buildings and hardstanding. It is permeated by dense, overgrown vegetation consisting of grassland and a mixture of tree species, which are also located immediately outside of the northern, southern and western boundaries buffering it from the A27. The site is covered by the Agricultural Land Classification pertaining to ‘Urban’ land.

2.2

The site is bound by the A27 and Vale Avenue and is accessed via a single access/egress road from Vale Avenue. The closest rail station to the site is Preston Park Train Station, an approximately five-minute drive from the site in Prestonville Round Hill. There are several bus stops near to Patcham serving bus routes 5, 5A, N5, 17, 52, 270, 271 and 272, the closest of which is the Black Lion bus stop, an approximately four-minute walk from the site. 

2.3

Pedestrian access to the site is provided via the access/egress from Vale Avenue and by local Public Right of Way (PRoW) network, with path BHC/X40/1 running east of the allotments and Cricket Ground, and path BHC/X146/1 running to the north of the A27. National Cycle Route (NCR) 20 runs on a north-south axis, approximately 400m to the west of the site. 

Site context 

2.4

There are no statutory environmental designations within the site, but there are several in within 2.5km of the site. 

2.5

The closest statutory designations to the site consist of historic assets to the south, along Church Hill and Old London Road, comprising 29 Grade II Listed Buildings, three Grade II* Listed Buildings and the Dovecote at Patcham Court Farm Scheduled Monument; the closest of these features is Patcham Court Farmhouse (Grade II), which lies approximately 33m from the site’s southern boundary. Other historic features include the Ewe Botton Entrenchment Scheduled Monument (approximately 873m to the north of the site), the ‘A saucer barrow and three bowl barrows on Tegdown Hill’ Scheduled Monument (approximately 1.2km to the north east of the site), and the Earthworks and Lynchets near Eastwick barn Scheduled Monument (approximately 1.3km to the north east of the site). Stanmer Park Registered Park and Gardens is located approximately 2.3km to the east of the site. The site is not within a Conservation Area, although it is adjacent to the Patcham Conservation Area, which is located to the south of Vale Avenue. 

2.6

The site is within proximity (2.5km) of several statutory ecological or landscape designations. The South Downs National Park is located approximately 80m to the north of the site, beyond the A27 road. The Ladies’ Mile Local Nature Reserve (LNR) is located approximately 877m to the east of the site at its closest point, designated for its chalk grassland species and scattered dense scrub. The Withdean and Westdene Woods LNR is located approximately 633m to the south west of the site, designated for its mature woodlands, diverse woodland bird community and native woodland ground flora, and for the provision of a valuable wildlife corridor within an urban area.

2.7

The site is located within Flood Zone 1, having less than a 1 in 1,000 annual probability of river flooding, and also within a Groundwater Source Protection Zone (SPZ) 1 - Inner Protection Zone.  

2.8

Air quality within the BHCC administrative area is being monitored for improvements. Across the city, nitrogen dioxide (NO2) levels showed an improvement in 2019 compared with previous years, however, there are some roadside locations at which levels exceeded the annual average Air Quality Objective of 40 µg/m3; NO2 is the main pollutant of concern in the city, its most dominant source being from road traffic. There is no evidence to suggest that any other air pollutants (such as Particulate Matter (PM2.5 and PM10) and Sulphur Dioxide) are exceeding or close to exceeding the Air Quality Objectives. The site is not located within an Air Quality Management Areas (AQMA)v. 

2.9 

The site is not located within a ‘sensitive area’ as defined by the EIA Regulations. However, it is located approximately 80m to the south of the South Downs National Park, which is a ‘sensitive area’. 

2.10

There are no community facilities within the site. The majority of local amenities are located within Patcham to the south of the site including educational, leisure and retail facilities in addition to recreational open spaces. The closest facilities to the site are the community allotments immediately to the east, Brighton and Hove Cricket Club situated beyond the allotments, and the Grade II* Listed All Saints Church, approximately 102m to the south of the site. St Michael’s Way Traveller Site is located approximately 217m to the north east of the site at its closest point, on the opposite side of the A27.  

2.11

Residential development, up to three storeys in height, is located further to the south of the site, beyond Vale Avenue. The east of the site is bound by community allotments, and residential properties are located adjacent to the south east of the site. The topography of the site falls by 7 metres from north to south.  

2.12

The proposals (hereafter referred to as the ‘proposed development’) will comprise the demolition of the existing agricultural buildings, breaking up of hardstanding at the site and construction of up to 4,500 sqm gross internal area (GIA) of commercial uses (Use Class B8) including a mezzanine, with ancillary offices, ancillary vehicle wash, means of access, parking, drainage, landscaping and other associated works. 

2.13

The maximum building height of the proposed development is anticipated to be up to 15m above finished floor level. The building will be one storey with a mezzanine area over part. 

Mitigation

2.14

In accordance with Regulation 6(2)(e) of the EIA Regulations, a number of mitigation measures have been committed to at screening stage as part of the proposed development.

2.15

In order to avoid potentially significant environmental effects during the construction phase, best practice measures will be implemented through a   Construction   Environmental Management Plan (CEMP), which will be secured by a planning condition attached to the planning permission. A Construction Logistics Plan and Construction Traffic Management Plan (CTMP) will also be adhered to, in order to manage all construction traffic and access.

2.16    

Trees to be retained in proximity to areas of development activity, including areas for new surfacing, services, work site compounds and storage will be protected to ensure they are not damaged. This will be achieved with the use of temporary tree protection fencing in accordance with BS 5837: 2012 ‘Trees in Relation to Design, Demolition and Construction’, to prevent access within the Root Protection Zone (RPZ) or canopy spread of trees. Where access is unavoidable, alternative protection arrangements such as ground protection (sufficient to protect the structure of the soil from compaction), and/ or access facilitation pruning (to ensure a reasonable clearance for operations is provided) will be required. Some trees may require removal at the site entrance to allow for the appropriate access width; all necessary measures to protect remaining trees will be undertaken.

2.17    

Inherent mitigation as part of the design of the proposed development will include measures to mitigate impacts on the surrounding visually sensitive environment; key views of the site are from the South Downs National Park to the north, and from the Conservation Area and Listed Buildings to the south. The design will be sensitive to these views by ensuring that built development is set back from the parts of the site boundary adjacent to the Patcham Conservation Area to the south, and allotments to minimise the impact of the proposed development on the surrounding context. The existing tree buffer and landscaping adjacent to the northern and western boundaries of the site will assist in screening views of the proposed development from residential dwellings and the South Downs National Park. A landscape bund will also be implemented along the eastern boundary to reduce visual effects to the adjacent allotments.

2.18  

To mitigate the proposed development’s effects on climate change, the proposed development would implement rainwater harvesting, passive heating and cooling, and the harvesting of solar energy and would operate as generating ‘net zero’ carbon.

Determining the Screening Approach

3.1    

In determining whether a development constitutes EIA development, consideration   should be had to the following:

• if the development is of a type listed in Schedule 1
• if not, whether it is listed in Schedule 2
• is it located within a sensitive area
• does it meet any of the relevant thresholds and criteria set out in Schedule 2
• would it lead to likely significant effects on the environment

3.2    

These points are explored further in this section with reference to the EIA Regulations and supporting PPG.

Schedule 1 Projects

3.3    

EIA is mandatory for projects listed in Schedule 1 of the EIA Regulations. Schedule 1 developments are large scale projects for which significant effects would be expected and comprise developments such as new airports and power stations. The proposed development is not of a type listed in Schedule 1.

Schedule 2 Projects

3.4    

EIA is discretionary for projects listed in Schedule 2. If the development proposed is of a type listed in Schedule 2 then it may be classified as EIA development depending on the location of the development (i.e. if it is within a sensitive area) and/or whether it meets any of the relevant thresholds or criteria in Column 2.

3.5    

Sensitive areas are defined in the EIA Regulations as:

• sites of Special Scientific Interest and European Sites
• national Parks, the Broads, and Areas of  Outstanding Natural Beauty
• world Heritage Sites and Scheduled Monuments

3.6    

In certain cases, local designations which are not included in the definition of sensitive areas, but which are nonetheless environmentally sensitive, may also be relevant in determining whether an assessment is required. Furthermore, in considering the sensitivity of a particular location, regard should also be had to whether any national or internationally agreed environmental standards (e.g. air quality) are already being approached or exceeded.

3.7    

The proposed development could fall under category 10 of Schedule 2, ‘Infrastructure Projects’, sub-sections (a) ‘Industrial estate development projects’ or (b) ‘Urban development projects’ of the EIA Regulations. The site is not located within a ‘sensitive area’ and therefore the thresholds should be applied. The thresholds for industrial estate development projects as set out in Schedule 2 10(a) relate to developments where ‘the development area exceeds 5 hectares’. The thresholds for urban development projects as set out in Schedule 2 10 (b) relate to developments that ‘include more than 1 hectare of urban development which is not dwellinghouse development; or the overall area of the development exceeds 5 hectares.’ At 1.5ha, the proposed development exceeds the threshold of more than 1 hectare of urban development and accordingly, this screening assessment has been prepared to determine whether the development would be likely to result in significant environmental effects. To achieve this, Schedule 3 of the EIA Regulations and PPG need to be considered. Information on these is set out below. Should the proposed development fall within category 10(a) ‘Industrial estate development projects’, it would not exceed the 5ha   threshold. Nevertheless, the Applicant has decided to request an EIA Screening Opinion to confirm that the proposed development would not be likely to result in significant environmental effects.

Schedule 3

3.8    

Schedule 3 of the EIA Regulations sets out selection criteria which relate to specific matters including: the characteristics of the development; the location of the development; and the characteristics of the potential impact. These factors should be taken into account as part of the screening process and are set out below:

Characteristics:

• the size and design of the whole development
• cumulation with other existing development and/or approved development
• the use of natural resources, in particular land, soil, water and biodiversity
• the production of waste
• pollution and nuisances
• the risk of major accidents and/or disasters relevant to the development concerned, including those caused by climate change, in accordance  with scientific  knowledge
• the risks to human health (for example, due to  water contamination or air pollution)
   

Location:

• the existing and approved land use
• the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground
• the absorption capacity of the natural environment

Potential Impact:

• the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected)
• the nature of the impact
• the transboundary nature of the impact
• the intensity and complexity of  the impact
• the probability of the impact
• the expected onset, duration, frequency and reversibility of the impact
• the cumulation of the impact with the impact of other existing and/or approved development
• the possibility of effectively reducing the impact

Consideration of Cumulative Effects

3.9    

Schedule 4 of the EIA Regulations requires consideration of a development cumulatively with other existing and/or approved development. Guidance on the consideration of cumulative effects in the EIA screening process is set out in the PPG, which echoes the requirements of the EIA Regulations:

“each application (or request for a screening opinion) should be considered on its own merits. There are occasions where other existing or approved development may be relevant in determining whether significant effects are likely as a consequence of a Proposed Development. The local planning authorities should always have regard to the possible cumulative effects arising from any existing or approved development.”

3.10    

A search of the BHCC planning register undertaken identified no committed developments within 1.5km of the site that could potentially result in a likely significant cumulative environmental effect with the proposed development.

Planning Practice Guidance

3.11    

Paragraphs 057 vi and 058 vii of the PPG provide guidance to help determine whether significant effects are likely. In general, the more environmentally sensitive the location, the lower the threshold will be at which significant effects are likely. Table 2 below sets out the indicative criteria, thresholds and key issues to be considered in determining whether a development is likely to be EIA developed identified in the PPG.

Table 2: Planning Practice Guidance Indicative Screening Criteria

Screening Assessment

3.12    

This section assesses the proposed development against the EIA screening criteria outlined above and presents the assessment of the environmental effects likely to occur as a result of the proposed development. Table 3 sets out a review of all off the above criteria.

Screening Criteria

1. Characteristics of the development

(a) Size of the development

Will the development as a whole be out of scale with the existing environment?

No. The proposed development will fit within the  scale of the existing environment. Existing buildings within the vicinity of the site are primarily residential in nature and up to a maximum of three storeys in height. The spire of All Saint’s Church, opposite the site, sits at approximately three storeys high. The maximum height of the proposed development will be 15m above finished floor level, and one storey with a mezzanine area, therefore of a similar height to surrounding buildings. The scale of the proposed development is not expected to be out of scale or nature with existing development within the site and within the vicinity of the site.

Will the design of the development as a whole fit in with the existing environment?

Although the proposed development will comprise a different use to surrounding existing development inherent mitigation within the design of the proposed development will include measures to mitigate impacts on the surrounding visually sensitive environment by ensuring that the built development is set back from the parts of the site boundary adjacent to the Patcham Conservation Area and allotments to minimise the impact of the proposed development on the surrounding context. The existing tree buffer and landscaping adjacent to the northern and western boundaries of the site will assist in shielding views of the proposed development from residential dwellings and the South  Downs National Park, whilst development sensitive to the site’s topography will minimise visibility from the South Downs and other protected views whereby the site’ topography will be altered to assimilate the building.

Will it lead to further consequential development or works?

No. The proposed development is a discrete proposal and includes all necessary works, including access.

(b) Accumulation with other development

Are there potential cumulative impacts with other existing development or development not yet begun but for which planning permission exists?

The Applicant is not aware of any committed developments which may result in significant cumulative environmental effects with the proposed development.

Should the application for this development be regarded as an integral part of a more substantial project? If so, can related developments which are subject to separate applications proceed independently?

No. The proposed development is a discrete proposal and includes all necessary works, including access.

(c) Use of natural resources

Will construction or operation of the development use natural resources such as land, water, material or energy, especially any resources which are non-renewable or in short supply?

The demolition of the existing buildings and construction of the proposed development will use resources in terms of land, water and energy as would be expected for a commercial development. The Applicant will include measures in the CEMP to minimise the consumption of natural resources, particularly those non-renewable, where possible.

During operation of the proposed development, the use of natural and non-renewable resources will   be   minimised through the implementation of sustainable approaches to the use of natural resources and fuel, such as rainwater harvesting, passive heating and cooling, and the harvest of solar energy. The design of the proposed development will consider the site’s location to ensure   maximum   efficiency, such as by positioning the building to maximise roof space for photovoltaics, and to maximise the potential use of prevailing winds for natural ventilation, air source heat pumps and heat exchange. An Energy and Sustainability Assessment will be submitted with the planning application, which will inform measures to reduce waste energy.

(d) Production of waste

Will the development produce wastes during construction or operation or decommissioning?

As with nearly all demolition and construction, the proposed development will result in the production of waste materials from the preparation and undertaking of works. However, significant quantities of demolition and construction waste are not anticipated. Where possible, demolition and construction waste would be reused and recycled on-site. Where reuse on site is not appropriate, waste would be managed and disposed of in accordance with all applicable legislation and best practice.

Operational waste would be disposed of in line with BHCC requirements and managed in accordance with all applicable legislation.

(e) Pollution and nuisances

Will the development release any pollutants or any hazardous, toxic or noxious substances to air?

During the construction phase of the proposed development (including demolition of the existing buildings), dust would be generated. Dust generation would be managed in accordance with standard best practice measures, enforced through a CEMP and is not anticipated to generate significant adverse effects.

Pollutant emissions associated with the operation of plant and vehicles could also be expected during the construction phase (including demolition of the existing buildings). Plant and Non Road Mobile Machinery (NRMM) would be   operated   in-line with the CEMP to ensure pollutant emissions are reduced and avoided where possible. NRMM will be maintained in a good condition and will not be left to idle. Construction vehicle emissions will be managed through the implementation of the CTMP, and operation of Heavy Good Vehicles (HGVs) will be dispersed across the working day to avoid a concentration of released pollutants and noise. A Noise Assessment and an Air Quality Assessment will be submitted with the planning application.

During operation of the proposed development, additional emissions could be expected associated with the introduction of new employees and deliveries.   Sustainable   travel   modes will be encouraged through the provision of cycle parking space and electric vehicle charging points onsite; a Travel Plan will inform operational measures to promote sustainable travel. A Transport Assessment will be submitted with the planning application. The number of vehicles travelling to and from the site associated with the operational development of up to 4,500 sqm of commercial (Use Class B8 uses), which is not considered to be significant and are therefore   not expected to result in likely significant  effects on air  quality.

The proposed development comprises commercial uses not associated with hazardous substances.   There   is   not anticipated to be a requirement to store large volumes of hazardous materials. Any such materials would be stored and handled in accordance with relevant legislation, if required.

Is there a potential risk from leachates or escape of wastes of other products/by-products  that may constitute a contaminant in the environment?

Appropriate measures, in accordance with all   relevant legislation, and implemented through the CEMP, would be used to prevent accidental spillages of   contaminants during the demolition of the existing buildings and construction of the proposed development.

The site comprises agricultural buildings, therefore it is not expected to be heavily contaminated. The proposed land uses are not highly contaminative, and it is not expected that there will be a high risk of contaminants being released into the environment. A Land Contamination Assessment will be submitted with the planning application.

Will the development cause noise and vibration or release of light, heat, energy or electromagnetic radiation?

The potential exists for noise effects to result from the demolition and construction processes and operational activities associated with the proposed   development. Demolition and construction effects will be managed in accordance with best practice measures, implemented through the CEMP and are not anticipated to generate significant adverse effects that would affect the nearby sensitive receptors such as existing residents and recreational users of the South Downs National Park. The site is also separated from the South Downs National Park by the A27. Therefore, vehicles generated by the demolition and construction phases of the proposed development are unlikely to result in significant traffic noise effects on sensitive receptors in light of the site’s context.

During operation, the number of vehicles travelling to and from the site would be associated with up to 4,500sqm of commercial uses (Use Class B8) which is not considered to be significant. Some additional noise at the site could   be expected due to the introduction of staff and visitor vehicles travelling to and from the site, as well as operations, although this is expected to be insignificant; a Transport Assessment and a Noise Assessment will be submitted with the planning application.

Artificial lighting will be well designed, and its placement considered, so as to reduce the risk of light spill to surrounding receptors. A Lighting Scheme will be submitted with the planning application which will inform the lighting design. Lighting will be designed in compliance with ILP guidance.

No electromagnetic radiation, heat or energy releases are expected other than those associated with normal commercial (Use Class B8) development.

Will the development lead to risks of contamination of land or water from releases of pollutants onto the ground or into surface waters, groundwater, coastal waters or the sea?

The proposed development will include the demolition of the existing mainly derelict agricultural buildings and breaking up of hardstanding at the site and construction of the proposed commercial uses. Given the site’s existing uses, it is not expected to be heavily contaminated; a Land Contamination Assessment will be submitted with the planning application. The land uses proposed are not highly contaminative.

The site is located within Flood Zone 1 (low risk of flooding) and in a groundwater SPZ1. In order to avoid the risk of incursion of pollutants to groundwater, surface water run-off and foul water drainage will be managed on-site during the construction and operational phases of the proposed development, through standard mitigation   measures implemented through the CEMP and planning conditions. A Flood Risk and Drainage Assessment will be submitted with the planning application, which will include a suitable surface water drainage solution in accordance with the National Planning Policy Framework (NPPF).

Hydrocarbons including plant and vehicle fuel and lubricants will be used during the construction phase. These would be stored and used in accordance with all applicable legislation and the CEMP to avoid releases of pollutants.

As above, appropriate measures (e.g. adequate bunding), in accordance with all relevant legislation, would be used to prevent accidental spillages of contaminants during the demolition works and construction of the proposed development. The proposals are not expected to result in any significant adverse effects on land or water.

(f) Risk of major accidents and/or disasters, including those caused by climate change and also having regard in particular to substances or technologies used

Will there be a risk of accidents during construction or operation of the development which would have effects on people or the environment?

During the demolition and construction phases,   the contractor(s) will implement measures in accordance   with Health and Safety legislation/requirements, and best practice to minimise the risks of accidents that could have adverse effects on people or the environment. All such measures will form part of the CEMP.

There are no anticipated significant risks of major accidents and/ or disasters, including those caused by climate change, during operation, as the proposed development   will   not involve users dealing with hazardous substances.

Will the development involve use, storage, transport, handling or production of   substances   or materials which could be harmful to people or the environment (flora, fauna, water supplies)?

During the demolition and construction, certain materials may be present on the site which may be harmful to the environment. However, it is considered that through the implementation   of   appropriate   environmental    control measures within the CEMP in line with relevant legislation, there will be no significant environmental effects.

On completion, the proposed development is not expected to involve the use, transport, storage   or   production   of substances or materials which could be harmful to the environment.

(g) Risks to human health

What are the risks to human health such as from water contamination or air pollution?

During the demolition and construction phases, dust and pollutant emissions are likely to be generated by the operation of construction plant and vehicles. Emissions would be managed in accordance with standard best practice measures, enforced through the CEMP, and are not anticipated to generate significant adverse effects to human health, inclusive of local residents and construction workers. The site is not located within an AQMA. An Air Quality Assessment will be submitted with the planning application.

The land uses proposed are not highly contaminative and it is not expected that there is a high risk of contaminants being released into the environment. A Land Contamination Assessment will be submitted with the planning application.

Surface water run-off and foul water drainage will   be managed on-site during the demolition, construction and operational phases; a Flood Risk and Drainage Assessment will be submitted with the planning application.

Other characteristics

Potential physical changes (topography, land use, changes in water bodies etc) from construction, operation or decommissioning of the development?

The principal land use will change from  agricultural buildings to land used for commercial (use Class B8) purposes. There would be changes to the site during the demolition phase, as the existing buildings would be demolished and during the construction phase, as soil would be   excavated   for foundations, drainage and attenuation infrastructure and access.

Due to the change in 7m from north to south, some alterations to site levels will be required to assimilate the building.

There will be no changes to water bodies.

The proposed development is intended to be permanent, so decommissioning is not anticipated for the foreseeable future.

2. Location of the development

(a) Existing and approved land use

Are there existing land uses on or around the location which could be affected by the development, e.g. residential, industry, commerce, recreation, public open space, community facilities, agriculture, forestry, tourism, mining or quarrying?

The site comprises agricultural buildings   and   hardstanding, with residential development to the south, community allotments to the east and highways to the north and west. Beyond the A27 to the north is the South Downs National Park.

During demolition and construction works, potential adverse effects to the quality of ground water, traffic and air (including airborne noise) will be minimised through the effective implementation of the CEMP. Such effects will be temporary and are not likely to be significant.

During operation, the number of vehicles travelling to and from the site would be associated with up to 4,500sqm of commercial uses (Use Class B8) which is not considered to be significant. Once operational, the introduction of staff and visitor vehicles may generate noise at the site, however this is not expected to be significant in the context of the proximity of the site to the A27. Impacts on sensitive views from the South Downs National Park to the north and from the Conservation Area and Listed Buildings to the south will be minimised by sensitive massing, consideration of topography and building heights in design, and the use of the existing landscape buffer adjacent to the site to screen the proposed development. A Townscape and Visual Impact Assessment, and a Landscape Visual Impact Assessment from the South Downs National Park will be submitted with the planning application.

Is the development located in a previously undeveloped area where there will be loss of greenfield land?

No.

(b) Relative abundance, availability, quality and regenerative capacity of natural resources in the area and its underground

Are there any areas on or around the location which contain important, high quality or scarce resources which could be affected by the development? For example:

• soil
• land
• groundwater   resources
• surface waters
• biodiversity
• forestry
• agriculture
• fisheries
• tourism
• minerals

The site is not located within a ‘sensitive area’ as defined in the EIA Regulations, but is located approximately 80m to the south of the South Downs National   Park. Potentially significant effects on this ‘sensitive area’ will be avoided through standard mitigation and best practice. It is also considered that the significance of such effects (such   as traffic, air quality and noise) will be insignificant in   the context of the intervening A27 road.

Due to the presence of vegetation on the site, a Biodiversity Checklist and surveys (including a Tree Survey) will be undertaken and submitted with the planning application to assess biodiversity on the site. The proposed development would provide for a net gain in biodiversity at the site.

As above, the site is within an area of Flood Zone 1, at low risk of flooding, and an SPZ1. In order to avoid the risk of incursion of pollutants to groundwater, surface water run-off and foul water drainage will be managed through standard mitigation measures implemented through the CEMP and a suitable surface water drainage solution in accordance with the NPPF.

As above, the site is not expected to be heavily contaminated. A Land Contamination Assessment will be submitted with the planning application.
The site is not located within an AQMA. No Tree Preservation Orders are present within the site, nor any areas of ancient woodland.

The site does not comprise agricultural land.

There are no fisheries, tourism, or minerals resources that could be affected by the proposed development.

(c) Absorption capacity of the natural environment

Are there any areas on or around the location which are protected under international or national or local legislation for their ecological, landscape, cultural or other value, which could be affected by the development?

The site is not located within any ‘sensitive areas’, within the meaning of the EIA Regulations. It is also not located within any statutory designations.

The nearest ‘sensitive area’ to the site is the South Downs National Park. No direct significant effects (i.e. ground disturbance, air and noise pollution) are expected to arise from the construction and operation of the proposed development post-mitigation through the implementation of the CEMP and CTMP.

There are several heritage features and protected viewpoints in proximity of the site. Sensitive massing, landscape screening and sensitive placement of the built development within the site will ensure that the development will not be overbearing or dominating when viewed within the   wider visual scape. A Landscape and Visual Impact Assessment and Heritage Statement will be submitted with the planning application.

Are there any other areas on or around the location which are important or sensitive for reasons of:

• wetlands, riparian areas, river mouths
• coastal zones and the marine environment
• mountains and forest areas
• nature reserves and parks
• European sites and other areas classified or protected under national legislation
• areas in which there has already been a failure to meet the environmental quality   standards laid down in Union legislation and relevant to the project, or in which it is   considered that there is such a failure
• densely populated areas
• landscapes   and   sites   of historical, cultural or archaeological significance

There are no sensitive features on  the site, see above.

All relevant features within proximity of the site are listed above.

Are there any areas on or around the location which are used by protected, important or sensitive species of fauna or flora e.g. for breeding, nesting, foraging, resting, overwintering, migration, which could be affected?

The Ladies’ Mile LNR is located approximately 877m to the east of the site at its closest point, and the Withdean and Westdene Woods LNR is located approximately 633m to the south west of the site. No direct significant effects (i.e. disturbance, air and water pollution and noise pollution) are expected to arise from the construction and operation of the proposed development, following the implementation of mitigation measures.

A Biodiversity Checklist and Survey Reports will be submitted with the planning application which will summarise the identification of any sensitive species onsite and standard mitigation measures to be implemented, where required.

Are there any inland, coastal, marine or underground waters on or around the location which could be affected?    

As above, the site is within an area located within Flood Zone 1 and groundwater SPZ1. In order to avoid the risk of incursion of pollutants to groundwater, surface water run-off and foul water drainage will be managed through standard mitigation measures implemented through the CEMP and a suitable surface water drainage solution in   accordance   with the NPPF. A Flood Risk and Drainage Assessment will be submitted with the planning application.

Are there any groundwater source protection zones or areas that contribute to the recharge of groundwater resources?    

Yes, the site lies within a groundwater SPZ1.

Are there any areas or features of high landscape or scenic value on or around the location which could be affected?    

As above, there are several heritage features and protected viewpoints in proximity of the site. Sensitive massing, landscape screening and sensitive placement of development within the site will ensure that the proposed development will not be overbearing or dominating when viewed within the wider visual scape. A Landscape and   Visual   Impact Assessment and a Heritage Statement will be submitted with the planning application.

Are there any routes or facilities on or around the location which are used by the public for access to recreation or other facilities, which
could be affected?    

There are several local PRoW routes within vicinity of the site. However, these are not anticipated to be affected by the proposed development.

Are there any transport routes on or around the location which are susceptible to congestion or which cause environmental problems, which could be affected?    

The demolition and construction phases of the proposed development would involve minor increases to existing traffic movements due to the introduction of construction vehicles. During   operation, the number of vehicles travelling to and from the site would be associated with up to 4,500sqm of commercial uses (Use Class B8) which is not considered to result in significant effects on transport routes. There is likely to be an increase in vehicles from the introduction of employees and delivery vehicles associated with the proposed development, however this is not expected to be significant in the context of the A27. A Transport Assessment will be submitted with the planning application.

Is the development in a location where it is likely to be highly visible to many people?    

The potential for local views of the site exists from adjacent and nearby roads, community uses and   residential development.

The site is also within several key views from the South Downs National Park to the north and the Conservation Area and Listed Buildings to the south.   Sensitive massing and placement of development within the site, and use of landscape screening adjacent to the site, will ensure that the proposed development will not be overbearing or dominating when viewed within the wider visual scape. A Landscape and Visual Impact Assessment and a Heritage Statement will be submitted with the planning application.

Are there any areas or features of historic or cultural importance on or around the location which could be affected?  

 As above, sensitive massing and placement of development within the site, and use of landscape screening adjacent to the site, will ensure that the proposed development will not be overbearing or dominating when viewed within the wider visual scape. A Landscape and Visual Impact Assessment and a Heritage Statement will be submitted with the planning application.

Are there any areas on or around the location which are densely populated or built up, which could be affected?  

Patcham residential area lies to the south of the site. It is not densely populated, with high-rise buildings, or built up. Potential effects are as summarised above.

Are there any areas on or around the location which are already subject to pollution or environmental damage e.g. where existing legal environmental standards are exceeded, which could be affected?    

Air quality within the BHCC administrative area is being monitored for improvements; local data shows exceedances of the health-based statutory objectives for NO2, whilst there is no evidence to suggest exceedances in other air pollutants. The site is not located within an AQMA. During demolition and construction, effects of dust   generation   and   pollutant emissions will be managed by a CEMP which will include standard, best practice measures; construction is   not anticipated to generate significant adverse effects. An Air Quality Assessment will be submitted in support of the planning application.

Is the location of the development susceptible to earthquakes, subsidence, landslides, erosion, flooding or extreme or adverse climatic conditions e.g. temperature inversions, fogs, severe winds, which could cause the development to present environmental problems?    

The site is not susceptible to earthquakes, subsidence, landslides, erosion, flooding or extreme or adverse climatic conditions.

Characteristics of the potential impact

(a) Extent and nature of the impact

Will the effect extend over a large area?    

Adverse effects, as identified above, will be managed through the implementation of appropriate mitigation and designed out where appropriate; therefore, no significant   impacts   on the environment are expected   from   the   proposed development.

Effects will mostly be confined to the site (approximately 1.5ha) and the land immediately adjacent. These are expected to remain local to the site, and therefore, are not expected to extend over a large area.

Will many people be affected?    

During demolition and construction, plant activity and vehicle movements have the potential to affect local residential receptors and users of the surrounding road   network. However, these are not expected to be significant or long-term effects. The operational phase of the proposed development is also not expected to result in   significant effects on these receptors.

What will be the nature of the impact?    

Visual impacts during construction (including demolition of the existing buildings) and operation; increase in HGV traffic movements; increase in noise,   particularly  during construction (including demolition of the existing buildings) (short term); and minor impacts upon air quality from additional traffic movements.

(b) Transboundary nature of the impact

Will there be any potential for transboundary impact? (n.b. Development which has a significant effect on the environment in another Member State is likely to be very rare. It is for the Secretary of State to check Environmental Statements to decide whether there is likely to be such an effect in each case).

No.

(c) Magnitude and complexity of the impact

Will there be a large change in environmental conditions?    

No.

Will the effect be unusual in the area or particularly complex?    

No.

Will many receptors other than people (fauna and flora, businesses, facilities) be affected?    

This is considered to be unlikely. A Biodiversity Checklist will accompany the planning application along with specific species surveys.

Will valuable or scarce features or resources be affected?    

No.

Is there a risk that environmental standards will be breached?    

No.

Is there a risk that protected sites, areas, and features will be affected?    

No.

(d) Probability of the impact

Is there a high probability of the effect occurring?

The effects of the proposed development can be clearly established, and the probability of any effects determined with reasonable confidence.

Is there a low probability of a potentially highly significant effect?    

As above.

(e) Expected onset, duration, frequency and reversibility of the impact

What will result in the onset of the impact?    

Development will commence following the discharge of pre- commencement conditions attached to the planning permission, and environmental permitting if required.

Will the effect continue for a long time?    

Construction effects would be short term in duration and the demolition and operational effects would be long term.

Will the effect be permanent rather than temporary?    

Construction effects would be temporary, and the demolition and operational effects would be permanent.

Will the impact be continuous rather than intermittent?    

Demolition and construction effects would be intermittent, and the operational effects would be continuous.

If intermittent, will it be frequent rather than rare?    

Frequent.

Will the impact be irreversible?    

Some effects will be permanent, such as loss of previously undeveloped land to and the demolition of the existing buildings. Some effects will be temporary and reversible such as noise during construction.

Will it be difficult to avoid or reduce or repair or compensate for the effect?    

No.

(f) Possibility of effectively reducing the impact

What is the possibility of the likely impacts arising from the Proposed development being effectively reduced?    

Well understood, standard mitigation measures, as set out above, will be incorporated into the proposed development and a high level of confidence can be placed in the mitigation measures proposed.

4.1  

This screening assessment has considered whether the proposed development is likely to give rise to significant effects on the environment.

4.2    

The proposed development could fall within Schedule 2, 10(a) or (b) of the EIA Regulations, as an ‘industrial estate development’ or an ‘urban development project’, respectively. Should the proposed development fall within category 10(a) ‘Industrial estate development projects’, it would not exceed the 5ha threshold. Nevertheless, the Applicant has decided to request an EIA Screening Opinion from BHCC to confirm that the proposed development would not be likely to result in significant environmental effects. The site is not located within a sensitive area as defined by the EIA Regulations, but it exceeds the screening threshold for 10(b) ‘urban development projects’ at more than 1ha of urban development which is not dwellinghouse development. This screening assessment has been prepared to determine whether the proposed development would be likely to   result in significant environmental effects alone or cumulatively.

4.3    

The site is located at the edge of a suburban residential area and contains agricultural buildings and hardstanding. To the south of the site is the residential area of Patcham, to the east are community allotments, and to the west and north, the site is bound by the A27. The South Downs National Park lies to the north, beyond the A27, and Patcham Conservation Area lies to the south beyond Vale Avenue. Protected viewpoints run from the South Downs National Park to All Saint’s Church to the south of the site.

4.4    

With regard to the indicative criteria and thresholds identified for ‘urban development projects’ set out in Table 2 above, PPG states that EIA ‘is unlikely to be required for the redevelopment of land, unless the new development is on a significantly greater scale than the previous use’. The proposed development is of similar scale and size to the existing built form on the site; therefore, the proposed development is not considered likely to generate significant effects or emissions under the criteria outlined in the PPG.

4.5    

It is considered that the principal environmental effects will relate to the potential impacts to sensitive landscape and heritage receptors in the vicinity of the site. As set out in Table 3, these effects will be managed through the sensitive design of the proposed development with consideration given to massing, the topography of the site, sightlines, and adjacent landscape buffering. A Townscape and Visual Impact Assessment, Landscape and Visual Impact Assessment and a Heritage Statement will be submitted with the planning application. There is also potential for pollutant emissions and noise disturbance from additional traffic during construction and operation. These effects will be managed in accordance with standard best practice methods and legislation, including the implementation of a CEMP, therefore are not expected to be significant due to the implementation of mitigation, and also the site’s proximity to the A27. A Transport Assessment and a Travel Plan will be submitted with the planning application.

4.6    

There are no permitted developments within proximity of the site that could result in likely significant cumulative effects on the environment during the demolition, construction and operational phases of the proposed development.

4.7  

In summary, the screening assessment has identified no potential for the proposed development to result in significant effects on the environment, either alone or in combination with other developments, as its effects could be managed in accordance with standard best practice and mitigation measures.

i SI 2017/571, as amended by SI 2018/695 and SI 2020/505
ii Environmental impact assessment
iii Natural England (2003) Ladies Mile LNR 
iv Natural England (2004) Withdean and Westdene Woods LNR 
v Brighton & Hove City Council (2020) Air Quality Annual Status Report 
vi ID: 4-057-2070720
vii ID: 4-058-20150326: eia thresholds table
 

For the site location plan, see attached PDF.