THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2017 (AS AMENDED)
Applicant: Benfield Property Ltd.
Agent: Enplan
Date Received: 1 February 2024
Site: Benfield Valley, Hove
Proposal: Residential development of the 3.44ha site to provide approximately 100 dwellings, a community hub, and public open space as well as ecological enhancements and improved pedestrian accessibility.
This Screening Opinion seeks to establish whether, given the characteristics of the proposed development, its location and its potential impact, the proposal would potentially give rise to significant environmental effects, and thus requires Environmental Impact Assessment as set out in the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (‘the EIA Regulations’).
A request for an extension of time to issue the Screening Opinion until 4th March 2024 was agreed with the agent.
Guidance for determining whether a proposal is EIA development is provided in National Planning Practice Guidance: Environmental Impact Assessment (revised 13 May 2020) to aid local planning authorities to determine whether a project is likely to have significant environmental effects.
Classification of the Proposed Development
The Local Planning Authority (LPA) is required to establish whether the proposed project is of a type listed in one of two categories within the EIA Regulations – Schedule 1 or Schedule 2.
The LPA must also determine whether the site falls within a ‘sensitive area’ as defined within the EIA Regulations. All developments in, or partly in, such areas should be screened. These are:
- Sites of Special Scientific Interest and European sites;
- National Parks, the Broads and Areas of Outstanding Natural Beauty; and
- World Heritage Sites and scheduled monuments.
The proposal does not comprise Schedule 1 development, as defined in the EIA Regulations, where EIA is required in every case.
The next step is to establish whether the proposal is ‘Schedule 2 development’.
If a proposed project is listed in the first column in Schedule 2 of the EIA Regulations and exceeds the relevant thresholds or criteria set out in the second column (sometimes referred to as ‘exclusion thresholds and criteria’) the proposal needs to be screened by the LPA to determine whether significant effects on the environment are likely and hence whether an Environmental Impact Assessment is required.
Projects listed in Schedule 2 which are located in, or partly in, a sensitive area also need to be screened, even if they are below the thresholds or do not meet the criteria.
The proposed development is listed in Part 10 b) of the first column of Schedule 2 as it relates to an ‘urban development project’.
The proposal is for approximately 100 dwellings and therefore does not exceed the threshold of 150 dwellings in Part (ii) of the second column.
The site measures 3.44 hectares in area and so does not exceed the 5 hectare threshold in Part (iii) of the second column. It is noted that the proposal does also involve improvements to a larger area, namely the public open area to the south of Hangleton Lane outside the site, but no changes of use to the land or development are proposed within that site.
Projects which are described in the first column of Schedule 2 but which do not exceed the relevant thresholds, or meet the criteria in the second column of the Schedule, or are not at least partly in a sensitive area, are not ‘Schedule 2 development’.
The application site is not located within a ‘sensitive area’, as defined in regulation 2(1) of the EIA Regulations. The County Ecologist was consulted and confirmed this to be the case. They consider 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.
The ‘key issues to consider’ set out in the Indicative Screening Thresholds of the Planning Policy Guidance: EIA are, the physical scale of the development, the potential increase in traffic, emissions and noise. In this case, given the site’s location alongside major traffic routes, while there would be an impact, it is not considered it would be significant, within the meaning of the EIA Regulations.
Consideration & Conclusion
Development of an undeveloped greenfield site will have some environmental impact, however, given the location, scale and nature of the proposal, is it unlikely to give rise to significant environmental affects in the terms of the EIA Regulations.
As set out in this report, the proposal would be significantly below the thresholds set out in the EIA Regulations, and is not located in a sensitive area, and thus does not constitute Schedule 2 development. Therefore, in accordance with government advice and the EIA Regulations, no further screening is required.
Screening Opinion
In the opinion of the Local Planning Authority, the development would not require an Environmental Impact Assessment.
Signed:
MS
Maria Seale
Team Leader
Development Management West
Date: 1 March 2024
Reviewed by:
Jane Moseley
Planning Manager
Development Management East
Date: 1 March 2024
