EIA Regulations 2017 Northern Ireland

25 October 2017

08:30 - Coffee time

08:40 - Pauric McCloskey, Arup and IEMA NI

08:45 - Andrew Ryan, TLT Solicitors

09:10 - Fiona Patterson, Arup

09:35 - Mary Maguire, AECOM

10:00 - Discussion

10:10 - Carol Martin, IEMA NI Chair

10:15 – 10:45 - Networking

Agenda

TLT LLPTLT LLPTLT LLP

New EIA Directive and

Regulations

Andrew Ryan

Partner

TLT NI LLP

TLT LLP

• New EIA Directive and NI Regulations

• Main amendments

• Key legal issues / potential pitfalls

• Conclusions

Introduction

TLT LLP

• EIA Directive 2014/52/EU

• Amends Directive 2011/92/EU

• Primary aim is to improve standards of EIA across the EU

• NI Regulations into force 16 May 2017

• Planning (EIA) Regulations (NI) 2017

• Apply to all new EIA development

• Some short term exceptions

• Scope remains the same, but factors to consider broadened

Amended EIA Directive

TLT LLP

• Screening:

• Enhanced Schedule 3 “selection criteria”

• Provide specific detailed information

• Including mitigation measures (nb Champion)

• Tracking/enforceability of mitigation measures

• Scoping:

• Expanded Schedule 4 “matters for inclusion”

• Voluntary but if requested ES must be based on scoping opinion

• Importance of early scoping discussions

Screening and scoping decisions

TLT LLP

• ES prepared by “competent experts”

• Plus explanation of how requirement complied with

• Competency of planning authority;

• Must have/have access to sufficient expertise to review ES (and

scoping/screening?)

• Issues;

• Who determines competency?

• Extent of information on competency?

• Need for paper trail re consultation responses

“Competent experts”

TLT LLP

• A description of the reasonable alternatives (for example in terms of development design,

technology, location, size and scale) studied by the applicant or appellant, which are

relevant to the proposed development and its specific characteristics, and an indication of

the main reasons for selecting the chosen option, including a comparison of the

environmental effects. (2017)

• An outline of the main alternatives studied by the applicant or appellant and an indication of

the main reasons for his choice, taking into account the environmental effects. (2015)

Alternatives

TLT LLP

• Seems like “business as usual” in this jurisdiction, but…

• Wider EIA process will be exposed to greater risk of challenge

• Any changes/uncertainty mean increased prospect for JR

• Brexit effect?

Conclusions

TLT LLP

andrew.ryan@tltsolicitors.com

Thank you

Navigating EIA in ROI during transition to new regulations | October 2017

Navigating EIA in Republic of Ireland (ROI) during transition to new regulations

Fiona Patterson

Senior Environmental Consultant,Arup

Overview

• How is Arup assisting clients to navigatethe

new EIA process?

• Current Status of EIA in ROI

• Challenges in advance of transposition

• Assessment topics and EIAR content

• Looking to the future?

Navigating EIA in ROI during transition to newregulations | October 2017

How is Arup assisting clients to navigate the new EIA process?

Navigating EIA in ROI during transition to newregulations | October 2017

• Advance planning since 2014

• Direct Interpretation of the EIA Directive – meet all the tests

• Review of emerging guidance from Europe, Ireland & UK

• Legal reviews of contentious projects

• Watching brief on current projects in the planning system

• Regular discussions with Arup enviro teams Europe-wide

• Toolkits for new assessment topics

- vulnerability to major accidents and natural disasters

• Despite above – residual risk remains!

Current Status of EIA in ROI

Navigating EIA in ROI during transition to newregulations | October 2017

Challenges in advance of transposition

Uncertainty

- Dates for transposition?

- Guideline updates?

- Hold off or proceed?

Risks of Judicial Reviews

- Assessment topics

- Compliance with Irish and EU legislation

- Competent Experts?

Project Costs and Delays

- Revision of EISs to EIARs

Confusion

- Mis-Interpretation of the Directive?

Navigating EIA in ROI during transition to newregulations | October 2017

Assessment topics and content in EIAR

• Amended Topics

• Resource Use | Greenhouse Gas Emissions | Vulnerability to Climate Change | Cumulative Impacts

only in relation to Existing or Approved Projects (note difference to appropriate assessment

requirements here)`

• “Reasonable Alternatives” | Demolition | Monitoring of effects

‘New’ Topics

Human Health | Land | Biodiversity

Vulnerability to Accidents and Disasters

Navigating EIA in ROI during transition to newregulations | October 2017

Looking to the future?

Navigating EIA in ROI during transition to newregulations | October 2017

• Transposition date!

• Interpretation of future Irish EIA regulations

• “Settling in” period

• Future planning decisions and court judgments

• Lessons learned

• Digital EIA?

Navigating EIA in ROI during transition to new regulations | October 2017

Thank you

Fiona Patterson | Senior Environmental Consultant, Arup

fiona.patterson@arup.com

www.arup.com

EIA regulations 2017

Worked ExampleMary Maguire

25 October 2017

Scope of Presentation

– Introduction

– Interconnector Description

–New EIA Regulations and how they

connect with an existing project like the

Interconnector

–Closing comments

North - South Interconnector Description

–The proposed interconnector will comprise a 138km overhead line between County Tyrone and

County Meath.

–The Northern Ireland Section consisted of:oNew substation at Moy with connection to existing grid;

o400kV overhead line, 102 towers for ~34km,

oAssociated Works, e.g. access tracks

• 2009 – 1st ES (later addenda)

• 2012 – 1st Public Inquiry

• 2013 – Consolidated ES

• 2015 – Consolidated ES Addendum

• 2017 – Public Inquiry

(and planning permission?)

2017 Regulation changes2017 Regs Requirement What is involved

Screening Provision for a formal screening procedure for Annex II projects, including:Requirements for CA to justify negative screening decisions.Provision for procedures to take account of unsolicited comments at screening stage.

Alternatives Change in requirements:‘a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment’

Mitigation and Monitoring

Requirement for mandatory implementation of mitigation and monitoring measures.Requirements for incorporation of mitigation and monitoring measures in consent and ensuring that developers deliver these measures.

Changes to Prescribed Environmental Factors

Land, Population and Human Health and Biodiversity

Streamlining Requirement to avoid duplication of assessment required under other Directives

EIA Quality Requirement for quality control in EIA preparation and review (competent expertise)

Other changes Demolition, use of resources, climate change, marine environment, risk associated with accidents and disasters.

Closing comments

–Presentation is based on one example; there are other methodologies where some of these

changes are standard (DMRB).

–The changes in the prescribed EIA topic headings potentially leading to different types of

assessment.

–Changes proposed in the 2014 Directive are existing best practice.

- Interconnector is one project example where best practice and robust assessment has ensured

compliance.

Thank you for your time.

Closing note

Networking

IEMA WebinarThe UK’s new EIA Regulations – Learning from the first six months of practiceThursday 16 November 201712:30 – 13:00

IEMA Northern Ireland Full Membership Workshop Friday 24 November 201713:00 – 15:00RSPB Window on Wildlife 191-195 Airport Rd WBelfastBT3 9ED