Planning aspects of environmental control 9

United Kingdom

Planning Policy Guidance Notes

10.1 The Royal Town Planning Institute (RTPI) has published a report, "Improving the Development Plan System in England" calling for the existing series of planning policy guidance notes (PPGs) to be replaced by a single document spelling out the Government's national planning policies. This single document should indicate a strategy for development and policy and would be able to eliminate the existing inconsistencies and duplication within the PPG Series. The Institute is claiming that such a document would avoid debate of national planning policy issues at every public inquiry. (RTPI, December 1999)

Development Plans

10.2 The Town and Country Planning (Development Plan) (England) Regulations 1999 (SI 1999 No. 3280) came into force on 4 January 2000. The Regulations apply only in England and prescribe the form and content of structure plans, unitary development plans, local plans, waste local plans and minerals local plans. Procedures to be followed in connection with the preparation, withdrawal, adoption, approval, making, alteration and replacement of such plans are included in the Regulations. An expanded list of matters to which a local planning authority must have regard when formulating their policies and proposals for a unitary development plan, local plan, waste local plan or minerals local plan is included, as is a requirement for a local planning authority to make available for inspection within eight weeks of receipt, the report of the person holding an inquiry. (SO, December 1999)

Environmental Impact Assessment

10.3 The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (SI 1999 No. 2892) came into force on 19 November 1999. The Regulations require an environmental impact assessment to be carried out for the consideration of applications for consent to dismantle or decommission specified nuclear power stations and nuclear reactors. The consent of the Health and Safety Executive is required under the Regulations for the carrying out of a project and provide for the recovery of expenses incurred by the HSE in respect of the enforcement of the Regulations. The Regulations implement Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC. (SO, 19 November 1999)

Planning Enforcement Appeals

10.4 A consultation paper has been launched by the DETR on improving enforcement appeal procedures. The consultation paper is part of the Government's overall programme of simplifying and speeding up the planning process, "Modernising Planning". The paper is concerned with changes to procedures for determining enforcement appeals made under Section 174 of the Town and Country Planning Act 1990, as amended by the Planning and Compensation Act 1991. The proposals are intended to improve the Planning Inspectorate's service to its customers and to increase the efficiency of the enforcement appeals process, reducing the cost and time taken to determine appeals, to the benefit of all interested participants. The Government recognises, however, that whilst proposing these changes, it is important to maintain a system where all parties have the opportunity to put their case and to ensure that a system leads to decisions that are legally sound and of the highest possible quality. Comments are invited until 18 February 2000. (DETR, November 1999)

Environmental Impact Assessment

10.5 The Government's trade secretary, Stephen Byers, has announced that companies will not receive financial support from the Government for overseas export deals unless they provide an environmental impact assessment for their project. The Government is aiming to identify "sensitive projects" to ensure that their impact is assessed before they are underwritten, by providing such an environmental screening procedure for companies seeking credit from the Export Credits Guarantee Department. There has been much criticism from environmental groups that environmentally damaging projects such as the proposed Ilisu Dam in Turkey have received public funds. The requirement to fill in an environment assessment questionnaire for companies seeking credit from the Export Credits Guarantee Department came into force on 4 January 2000. (The Financial Times, 24 November 1999)