4.1
The purpose of this screening opinion is to establish whether the development is likely to have significant effects on the environment, and thus represents EIA development
4.2
In accordance with the 2017 Regulations and guidance, the Local Planning Authority must first give consideration as to whether the development falls into Schedule 1 or Schedule 2 of the Regulations.
4.3
The proposal does not fall under any of the categories listed in Schedule 1 of the EIA Regulations whereby EIA is mandatory.
4.4
The next stage is to identify whether the development is located in, or partly in, a defined ‘sensitive area’ as the more environmentally sensitive the location, the more likely it is that the effects on the environment will be significant and will require an Environmental Impact Assessment.
4.5
The 2017 Regulations defines ‘sensitive areas’ as Sites of Special Scientific Interest, areas covered by Nature Conservation Orders, National Parks, the Broads and World Heritage Sites, Areas of Outstanding Natural Beauty and Scheduled Ancient Monuments. The definition of sensitive areas does not include Conservation Areas or Listed Buildings.
4.6
The site is not within any of these areas and so the proposed development is therefore not considered to be within or significantly affecting a ‘sensitive area’ as defined by the EIA Regulations 2017.
4.7
As it is established that the site is not located within a ‘sensitive’ area, the next stage is to establish whether the proposals meet any of the relevant thresholds and/or criteria in column two of Schedule 2. This was in part informed by the views of consultees, namely the Ecologist and Landscape Architect at East Sussex County Council, and Heritage Officers, to establish whether there were any particular sensitivities on this site.
4.8
The County Ecologist was of the view that, having regard to ecology, the proposal would not have significant environmental effects, within the meaning of the EIA Regulations, but that any planning application should be informed by an Ecological Impact Assessment.
4.9
The County Landscape Architect was also of the view that the proposed development would be unlikely to have a significant adverse effect on the landscape or views and that the proposal would provide an opportunity to enhance the landscape and visual amenity of the site given the fact it has been derelict for a number of years. The County Landscape Architect goes on to state that any planning application would need to be accompanied by a Visual Impact Assessment prepared in line with Guidelines For Landscape and Visual Impact Assessment Edition 3, (Landscape Institute and IEMA). This would need to consider the impact on views from the South Downs National Park, the local built up area, the recreation ground and public rights of way. A number of potential mitigation measures are also recommended.
4.10
Given the proximity of the site to Patcham Conservation Area, the views of the Council’s Heritage Officers were also sought. The Heritage Officers are of the view that the proposed development would not have a significant impact on the historic environment, within the meaning of the EIA Regulations.
4.11
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’. For Industrial estate development projects’ the threshold is as follows:
- the area of the development exceeds 5ha
4.12
For urban development projects the thresholds are listed as follows:
- a development which includes more than 1 hectare of urban development which is not dwellinghouse development
- a development which includes more than 150 dwellings
- the overall area of the development exceeds 5 hectares
4.13
Given the size of the site is 1.56ha, the proposal is not considered to be Schedule 2 development under sub section 10 (a) of Schedule 2 but is considered to be Schedule 2 development under sub section 10 (b) of Schedule 2. Accordingly, consideration needs to be given as to whether the development would have the potential to result in ‘significant environmental effects’ which require an EIA.
4.14
The National Planning Practice Guidance (PPG) gives further advice with regard to screening of Schedule 2 projects, and states such projects need to be assessed to establish whether they are likely to give rise to significant effects on the environment, taking account of the selection criteria set out in Schedule 3. If this assessment finds that environmental effects are likely, then an EIA will be required. Not all of the criteria will be relevant in every case. Each case should be considered on its own merits in a balanced way and authorities should retain the evidence to justify their decision.
4.15
The PPG provides indicative screening thresholds to aid local planning authorities. For ‘Urban development projects’ it states key issues to consider are the physical scale of such developments, and potential increase in traffic, emissions and noise. The 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, or the types of impact are of a markedly different nature or there is a high level of contamination. The thresholds for sites which have not previously been intensively developed are:
- area of the scheme is more than 5 hectares
- it would provide a total of more than 10,000 sqm of new commercial floorspace
- the development would have significant urbanising effects in a previously non-urbanised area (e.g. a new development of more than 1,000 dwellings
4.16
The PPG advises that only a very small proportion of Schedule 2 development will require EIA.
4.17
Taking note of the above, the site is significantly less than 5 hectares, the proposal would provide 4,500sqm of new commercial floorspace, and much of
the site has been previously developed and is located within the Built Up Area Boundary.