Integration of environmental policies through the spatial planning process : the case for Strategic

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Integration of environmental policies through the
spatial planning process the case for Strategic
Environmental Assessment (SEA) and The Water
Framework Directive (WFD)
Mr. Declan Egan BSc MSc, Associate, Fehily
Timoney Co. Cork 2nd National Water
Summit Croke Park, Dublin 22nd 23rd October,
2008
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Presentation

• Explores how Local Authorities have an early
  opportunity to integrate land use planning,
  strategic environmental assessment (SEA) and the
  WFD
• Explores how land use planning can have regard
  for the WFD and help to achieve good status for
  water bodies by 2015

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Opportunities for Local Authorities
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Opportunities Contd.

• Water considerations can be embedded within
  spatial plans at an early stage
• The spatial plans can inform the RBMP on the
  likelihood of achieving water objectives

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Spatial Planning
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Spatial Planning

• Local Authorities are required to prepare a
  Development Plan for their functional area every
  6 years
• Requirement under the Planning Development Act
  2000 as amended
• Sets out an overall strategy for proper planning
  and sustainability

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Planning
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Spatial Planning

• Development Plans must also consider
  environmental protection and sustainability
• There are numerous International, European, and
  national environmental policies and guidelines
  that must be considered when preparing a Plan

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Spatial Planning
Planning requirements to protect water
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Water Framework Directive
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Legislative Background to the Water Framework
Directive (WFD)

• European Communities Directive 2000/60/EC
• Transposed into Irish Law by EC (Water Policy)
  Regulations (S.I. No. 722 of 2003)
• Amendments to S.I. No. 722 of 2003 to S.I. No.
  219 of 2008

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Aims of the WFD

• Prevent further deterioration of water quality
• Protect and enhance aquatic ecological habitats
• Achieve clean drinking water supplies
• Achieve good status of water by 2015
• Facilitate efficient economic valuation of water
  resources
• Encourage public participation and consultation
  during water management

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River Basin Districts

• Ireland is divided into 8 River Basin Districts
• One RBD in Northern Ireland
• Four RBDs in Ireland
• Three International RBDs

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Implementation of WFD in Ireland
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Strategic Environmental Assessment
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What is a Strategic Environmental Assessment
(SEA)?

• formal
• systematic evaluation
• likely significant environmental effects of
  implementing a plan or programme
• before a decision is made to adopt the plan or
  programme (P/P)

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Objectives of SEA

• Main objectives
• High level of protection to the environment,
• Contributes to the integration of environmental
  considerations into the preparation and adoption
  of Plans and Programmes
• Promotion of sustainable development

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Legislative Background to SEA

• SEA Directive 2001/42/EC
• Transposed into Irish Law by two Regulations
• - S.I. No. 435 of 2004 Programmes
• - S.I. No. 436 of 2004 Planning

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What Plans or Programmes ?
Land Use Planning - Regional Planning
Guidelines - City and County Development Plans
- Development Plans by Town Councils where the
population gt 10,000 - Local Area Plans
population gt 10,000 - Planning Schemes in
respect of Strategic Development Zones - In
areas directed by the DoEHLG
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What Plans or Programmes? Contd.
Sectoral Plans and Programmes -
National Hazardous Waste Plans - Regional
Waste Management Plans - Energy Policies
- Transport Policies - River Basin
Management Plans - Flood Risk Management
Plans
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Status of SEAs in Ireland
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SEA

• A SEA consists of a number of steps
• Preparation of a Scoping Report and consultation
  with the statutory bodies
• An Environmental Report (ER) submitted with a
  draft Plan or Programme for public viewing
• Amendments to ER
• An SEA Statement and final ER when the Plan or
  Programme is adopted

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Stages in preparing an Environmental Report

• Policy Context of a Plan or Programme
• Baseline Environmental Assessment
• Setting Environmental Objectives
• Impact Assessment
• Development of Monitoring Plans
• Development of Indicators
• Consultation

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Points where WFD process integrates with SEA
process
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Water Policy Context of Plan
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Baseline Assessment for SEA

• Water
• Human Beings
• Ecology
• Air
• Geology and Soils

• Material Assets
• Landscape
• Archaeology and Cultural Heritage
• Interaction of the above

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Baseline Assessment for Water

• Involves a desktop assessment of the chemical
  and ecological status of
• Surface water
• Groundwater
• Transitional waters
• Water dependant ecological habitats such as
  wetlands and turloughs
• in the study area

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Sources of Water Quality Data

• EPAs ENVision GIS Mapviewer
• Local Authority water monitoring programmes
• GSI groundwater vulnerability maps
• OPWs flooding maps
• NPWS for Natura 2000 sites
• Avoids a duplication of effort and resources

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EPA ENVision GIS Mapviewer
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Cumulative Sensitivity Drawing

• A number of data sets can be combined to produce
  a cumulative sensitivity drawing
• This simple drawing may be used as a guide by
  planners when preparing zoning maps for a
  Development Plan

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Cumulative Sensitivity Map
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Cumulative Sensitivity Mapping
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SEA Environmental Objectives

• Requirement under SEA to prepare a list of
  environmental objectives for each environmental
  topic
• Under Article 4 of the WFD objectives in line
  with achieving good status must be implemented
  by 2009
• Local Authorities can be proactive in their land
  use planning to anticipate future environmental
  objectives for RBMPs

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Examples of SEA Environmental Objectives for Water

• Surface Water
• - Maintain or improve the quality of surface
  water
• - Maintain or improve the ecological status
  of surface waters
• Groundwater
• - Prevention of pollution of groundwater by
  good planning and adhering to aquifer protection
  plans

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Example of Environmental Objectives for Water

• Drinking water
• - Maintain and improve the quality of
  drinking water over the lifetime of the Plan
• Flooding
• - Eliminate flood risk by the use of proper
  planning and guidelines for developers

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Environmental Assessment

• A Plan or programme is assessed against the SEA
  environmental objectives
• Future land use proposals that may have
  implications for these objectives will need to be
  considered
• The Plan or programme may need to be revised to
  minimise the impact on the water quality
  objectives

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Environmental Assessment Contd.

• When environmental objectives are developed for
  the RBMPs these will need to be integrated in
  spatial planning

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Monitoring Programmes

• SEA requires the establishment of a monitoring
  programme to allow the actual impacts of a plan
  to be recorded
• The monitoring programmes initiated by the EPA
  for the WFD can be used for SEA
• Avoids a duplication of effort and expense

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Consultation

• The SEA Directive calls for early and effective
  public consultation
• Similarly, Article 14 of the WFD requires public
  consultation
• Public consultation is important during the
  development of the RBMP

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Opportunities
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Conclusions

• An early opportunity exists for LAs to
  waterproof their spatial plans in advance of
  the RBMPs
• SEA can be used as an effective tool for
  integrating policy areas
• Integrating water policies now will help towards
  mitigating the need to retrofit later

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Contact Details
Declan Egan BSc MSc Associate Fehily Timoney
Co. Core House Pouladuff Rd., Togher, Cork Tel
[phone] declan.egan_at_ftco.ie