jba consulting guide to environmental assessment for renewable projects

A guide to environmental assessment and regulationfor renewable energy projects

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The only way forward, if we are going to improve the quality of the environment, is to get everybody involved.

– Richard Rogers, British Architect

Regulation, based on conservation and sustainability is aimed at reducing air, water and land pollution, carbon emissions and energy use.

Various pieces of legislation exist to protect our environment and promote sustainable development.

These may be applied at various stages of your development and can become complex and difficult to manage.

This guide covers the approach we take to several key aspects of the environmental assessment process in order to help your development meet legislative requirements and minimise any risk to your project.

For more information, or to discuss environmental regulation, please contact our environmental assessment team:

Steve Maslen, Head of Environment ([email protected])David Revill, Principal Environmental Consultant ([email protected])

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ENVIRONMENTAL ASSESSMENT FOR RENEWABLE ENERGY DEVELOPMENTS

Environmental assessment is a key decision making tool. It is a technique that helps developers and regulators understand the potential environmental impacts of a development proposal. An information gathering exercise is carried out, which is often supplemented by information obtained through a range of site surveys. The development proposals are then appraised against this baseline environmental information to identify whether they could harm or disturb any sensitive environmental features. Where necessary, mitigation measures are proposed, that if implemented through the development, would help avoid or minimise these potential environmental impacts. Environmental assessment should lead to better standards of development and can help demonstrate the sustainability of a project.

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Environmental assessment can apply to all forms of development. However, for some types of development, an Environmental Impact Assessment (EIA) is required by EU and UK law. The Town and Country Planning (Environmental Impact Assessment) Regulations (generally known as the EIA Regulations) define two schedules of developments. For Schedule 1 projects an EIA must always be carried out. For Schedule 2 projects an EIA must be carried out if the development is likely to have a significant impact on the environment by virtue of its nature, size or location.

All Schedule 2 developments are based on thresholds. A proposed development only becomes a Schedule 2 development where it exceeds the threshold. However, just because a project falls within one of the categories set out in Schedule 2 and exceeds the threshold does not mean that EIA is required. The question is still whether the proposed development is likely to have a significant effect on the environment.

Wind farms and hydropower developments are included within Schedule 2 of the EIA Regulations. For wind farms, the applicable thresholds are if ‘The development involves the installation of more than 2 turbines; or the hub height of any turbine or height of any other structure exceeds 15 metres’. For hydropower schemes, the threshold is if ‘The installation is designed to produce more than 0.5 megawatts.’

Solar parks are not expressly listed in Schedule 2 to the EIA Regulations. Some authorities consider that solar developments appear similar to greenhouses and therefore follow Annex A to the EIA Circular 02/99, which states that ‘Development (such as greenhouses, farm buildings etc.) on previously uncultivated land is unlikely to require EIA unless it covers more than five hectares’. Other authorities consider solar parks to be included under the general provisions of Schedule 2 relating to ‘Industrial installations for the production of electricity, steam and hot water ‘ and apply a much smaller geographic threshold of 0.5 hectares. This means that the requirement for EIA is determined on a site-by-site basis.

Environmental impact assessment is a systematic process, which leads to a final product, the Environmental Statement (ES). A developer can decide to submit an EIA voluntarily for a large scale development. Normally, however, it is the local planning authority who decides if an EIA is required in consultation with the applicant and other regulators and stakeholders. A developer can formally ask

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the local planning authority to decide whether an EIA is required. The authority will consider the development proposals and the potential environmental risks associated with the project and then issues its formal Screening Opinion.

Should an EIA be necessary, the developer can then prepare a Scoping Report, which sets out the issues the EIA will investigate. This is an important step as it enables the applicant to establish the baseline conditions at the development site and the standards against which the development may be judged. As well as consulting the local planning authority on the Scoping report, anyone conducting an EIA is obliged to consult a set of statutory consultees. These include the Environment Agency, Natural England and English Heritage, or Natural Resources Wales and Cadw with respect to Wales. The applicant may also choose to consult other local organisations with a specific interest in the project.

The EIA is then carried out to assess the issues set out in the Scoping Report and the Environmental Statement is then produced. The EIA Regulations specify the information the ES must contain, which includes a description of the proposed development and a description of the aspects of the environment likely to be significantly affected by the proposed development, including in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

The ES can then be used to support the planning application for the development, setting out how environmental impacts will be managed and the mitigation measures needed to enable the development to proceed. By making the information on the likely significant effects available, EIA can help allay fears created by a lack of information. The local authority will take these environmental effects into consideration in making its decision.

ECOLOGICAL OPPORTUNITIES AND RISKS FOR SOLAR PARKS

The ecological impacts of solar parks are not yet well understood. Evidence suggests there may be a risk to a range of wildlife who mistake ground-based solar panels for water. In addition, there is the risk of disturbance associated with the construction of the solar park, particularly in rural locations where development pressures are low and wildlife can often be abundant, and potentially issues associated with habitat loss.

Solar parks can be developed in a manner that has no serious detrimental effects on local ecology. However, that’s not to say that there are no ecological risks associated with such a development. It is essential to apply best practice guidance from the Chartered Institute of Ecology and Environmental Management whilst carrying out surveys for proposed sites to ensure ecological risks are quickly identified and appropriate mitigation strategies are developed.

We normally begin with a Preliminary Ecological Assessment (PEA) that includes the following:

• A desk study assessment including a data request to local biodiversity record centres to identify any records of protected and/or notable habitats and species and designated nature conservation sites in the vicinity of the proposed works;

• Liaison with the relevant authority with regards to any relevant data they may hold; and

• A site survey comprising an Extended Phase I Habitat Survey following joint standard methodology and including the recording of any evidence of the presence of protected and notable species.

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Often the PEA is all that is needed to understand the ecological constraints at the site. However, where evidence of the presence of protected species is encountered, such as bats, great crested newts or dormouse, we can undertake more detailed surveys to determine whether they could be affected by the development proposals.

Guidance produced by Natural England on the development of solar parks highlights the potential to create sites of local or regional ecological interest as part of the development, especially on sites of lower existing biodiversity value. Potential options to provide biodiversity benefits and potentially offset ecological impacts include:

• Maintaining and enhancing field margins, such as hedgerows, hedge trees and drainage ditches by allowing them to re-wild — this means reducing any existing maintenance activities, such as hedge trimming or ditch clearance, so that the vegetation grows and provides more cover for a range of sensitive species (this also provides landscape benefits by increasing the screening between the site and surrounding areas).

Where evidence of the presence of protected species is encountered, such as bats, great crested newts or dormouse, we can undertake more detailed surveys to determine whether they could be affected by the development proposals.


• Planting of new trees along site boundaries to create additional screening has the potential to offer new feeding, nesting and roosting habitats for birds and bats. Some quick-growing native trees species, such as downy birch, silver birch, willow and small-leaved lime can provide a home to hundreds of insect species.

• Setting back solar panels away from the field margins and creating vegetated buffer strips around the edge of the site. Ideally 10m wide buffer strips should be allowed for, or 5m as a minimum. This new habitat is beneficial to a wide range of invertebrate species, particularly bees, which in turn can benefit other species including birds, bats and other small mammals.

• Designing and adapting built structures, such as control buildings, to encourage and promote access by nesting, roosting or hibernating animals such as bats.

• Creating ponds or scrapes, where conditions are appropriate, in buffer areas or close to access tracks, which benefit a huge range of species.

• Sowing wild grass seed mixtures to benefit invertebrates or birds, and nectar and pollen rich mixtures for bees and butterflies.

Landscape and Visual Impact Assessments (LVIA) are the process of evaluating the impact of a proposal, such as wind turbines and solar farms, upon the landscape and visual character of the area it affects. A number of elements are required as part of the LVIA process with a number of other aspects worth considering when carrying out an LVIA.

Consultation It is important to consult with the local planning authority at an early stage of a project to agree the scope of works required, whether a full LVIA is required with photomontages or whether a shorter assessment will suffice. It provides an opportunity to discuss potential viewpoints before a site visit and to find out whether there are any local landscape designations that you should be aware of when carrying out the assessment. This can be done through a request to the local authority for a screening opinion.

JBA’s landscape architects have extensive experience in consulting with local planning officers to agree the scope of assessment.

Desk studyResearch into national and local planning policy identifies relevant policies and guidance specific to the type of development in question. Wind turbines and farms are a controversial topic and local policy and guidance on renewable energy will be set out in the authorities Local Development Plan. Desk study research can also identify whether the development falls within or near to any locally designated landscape areas such as areas of high landscape value or conservation areas.

Theoretically ‘seeing’ A Zone of Theoretical Visibility (ZTV) is an important tool used to indicate the extent to which a development may be visible. This in turn helps to determine the size of the study area for the visual impact assessment which can be verified during a site visit.

LANDSCAPE AND VISUAL IMPACT ASSESSMENTS FOR WIND FARMS AND SOLAR PARKS

Timing of site visits Depending on the size of the development it can be necessary to provide photomontages at different times of the year; a development can look very different in summer months with increased screening from vegetation compared to the same view in winter months when screening from vegetation is at a minimum.

Weather permitting It is important that photographs are taken in good weather when visibility is at its highest. This is especially important for large wind farm schemes where long distance viewpoints are required as part of the assessment. Poor visibility in photographs can result in planning authorities requesting photographs are taken again.

Sequence of viewpointsPlanning the sequence in which viewpoint photography is taken should be considered before the site visit. Start from viewpoints in the east, working your way round to the south and west, keeping the sun behind you throughout the day. This prevents glare from the sun and dark silhouetted photographs.

Snap happyAlways take photographs from more viewpoints than required. This can help in instances where additional viewpoints and photomontages are requested by the planning authority at a later stage in the project. This also saves time and keeps costs down for both client and consultant.

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PhotomontagesPhotomontages are an essential part of a LVIA helping to simulate the expected visual changes and providing a more realistic illustration of a proposal from a particular viewpoint. They help to determine the magnitude of change and illustrate effects at key locations within the study area.

JBA produce wireframes of proposed wind turbines located in a digital terrain model using specialist software to accurately place them within a photograph. We also include other application, consented and operational or constructed turbines to inform a cumulative effects assessment of the proposal within the wider landscape setting.

Photography There is increasing pressure from local planning authorities on the requirements and accuracy of photographs and photomontages. The Landscape Institute (LI) in conjunction with Scottish Natural Heritage (SNH) guidance recommend photographs are taken using a 50mm equivalent lens and where possible a fixed focal length lens used to ensure accuracy. It is important to display the image correctly, detailing the Field of View (FOV) and the viewing distance that the printed out version of the photomontage should be viewed at. SNH recommend a viewing distance of between 300-500mm which when held up from the same view in the field will, as far as possible, match the perspective and detail that can be seen when in the field.

JBA produce two images from the same viewpoint with different FOVs. The first illustrates a panoramic view with a wider FOV providing context of the viewpoint. The second image illustrates the proposed wind turbines within a smaller 50° FOV which equates to a realistic portrayal of the location when the image is held at 400mm from the viewer, as recommended by SNH guidance.


Hydropower is the largest and most proven renewable energy technology available today. With several centuries of experience and produced in at least 150 countries worldwide, hydropower also offers the most efficient form of energy generation. With ever-increasing development and recreational pressure on our waterways, and the competing demands of the Water Framework Directive (WFD) driving forward improvements in their ecology and hydromorphology, delivering new, sustainable and economic hydropower schemes is a significant challenge.

The potential environmental impact of a hydropower development is a key planning consideration. Hydropower schemes can lead to changes in the flow regime of the watercourse, which can affect sediment dynamics, change bed and bank morphology and alter physio-chemical conditions downstream. The hydropower structure can create a barrier to movement of aquatic animals and cause fish entrapment. In addition, new structures can result in changes to the river or estuary landscape and can adversely affect important historic remains. Appropriate site selection and a robust and sympathetic design holds the key to successfully getting a scheme through planning.

Hydromorphological pressures and impacts are one of the most important risks behind a hydropower scheme failing to meet the WFD objectives. It is crucial that a hydropower scheme demonstrates compliance with the WFD by demonstrating that the scheme would not cause deterioration of status of the affected waterbody.

WATER FRAMEWORK DIRECTIVE COMPLIANCE AND HYDROPOWER

Hydropower is the largest and most proven renewable energy technology available today.

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A WFD Preliminary Assessment is typically the first step needed to demonstrate WFD compliance. The assessment considers whether the proposed scheme is likely to adversely affect the status of the waterbody. It screens the proposed scheme against the relevant Ecological and Chemical Status objectives, together with their quality elements. The aim of this process is to determine whether the scheme could have an impact upon any of these criteria.

To aid this assessment, for all Artificial or Heavily Modified Water Bodies, the scheme is also assessed against their relevant mitigation measures. These mitigation measures are necessary to reduce the existing hydromorphological impacts on the water body and all measures need to be in place in order for the water body to achieve Good Ecological Status or Potential.

Consideration is then given to whether the proposed scheme could cause deterioration in the status of the water body or inhibit the achievement of actions required to improve the status of the water body.

The results of the assessment are typically presented in tabular form. A full and detailed WFD assessment will be required should the assessment identify that the works could cause deterioration in the status of the water body or prevent it from achieving its status objectives. The Environment Agency has produced detailed guidance to assist hydropower developers meet the challenges of WFD compliance. It outlines the potential conflicts a development could have with the legislation, such as adverse effects on hydrogeomorphology, changes in water flow and impacts on fish passage, and sets out a standard process to be followed to aid the consenting process. Our considerable experience in hydromorphic studies and audits, and our expertise in the design if fish pass structures can assist with meeting these sorts of issues. Our fish pass designs comply with a range of best-practice guidance, including most notably the Environment Agency Fish Pass Manual (2010), whilst our experience throughout the fish pass design process, from feasibility to installation means that we are often able to design innovative solutions with significantly lower costs than typical designs.

Prevention of pollution is often a key environmental concern during the construction phase of a development. Our experienced environmental team is able to advise on good environmental management during construction to minimise the risk of a pollution incident and help development adhere to good practice guidance. We can produce both Environmental Action Plans (EAPs) and Pollution Prevention Method Statements to satisfy planning conditions relating to good environmental management.

The Environmental Action Plan (EAP) is an important tool for managing environmental risk. It sets out the actions required to implement the project in accordance with the findings of the project environmental impact assessment as well as other wider project objectives.

The EAP contains a series of objectives and actions covering all relevant environmental aspects, which together aim to ensure that the project is delivered in a manner that minimises risks to the environment. The EAP links these actions to environmental and site management processes to further integrate the findings of the environmental assessment across all construction activities. The contractor then undertakes all environmental protection, mitigation and enhancement works in accordance with the actions defined by the EAP.

POLLUTION PREVENTION

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The EAP also defines the environmental roles and responsibilities of those involved in the project and assigns specific actions to individual members of the project team. It outlines the project environmental audit and incident reporting procedures, together with the responsibilities of team members, to ensure these procedures are applied effectively.

A concise and focused document, the EAP should only contain project-specific actions required to deliver the scheme. It should not incorporate internal environmental management system measures, standard regulatory requirements, generic standards and good practice measures, and should not contain a summary of the environment assessment. Inclusion of such aspects often creates a lack of clarity or uncertainty regarding key project-specific environmental issues and fails to deliver effective environmental risk management.

A Pollution Prevention Method Statement sets out the approach to dealing with the risk of pollution during the construction of a development. The statement describes the potential sources of pollution during construction, the pathways through which contaminated materials could enter the environment and the mechanisms to be put in place to minimise the risk of pollution occurring. It specifically identifies measures to prevent pollution of the watercourses located within and in close proximity to the development site.

In addition, the Method Statement describes the management measures to be adopted to control and safeguard potentially polluting materials, including oil, fuel and chemicals, and the approach to be adopted to manage the storage and disposal of waste materials generated during construction.

The Method Statement also identifies the approach to emergency response planning to be adopted in the event of a pollution incident to minimise the likelihood and significance of any subsequent environmental impacts.

Prepared following a range of site working best practice methodology and guidance, including Environment Agency Pollution Prevention Guidance, the method statement provides confidence to a local planning authority that the development can proceed in a robust and controlled manner that minimises risks to the environment and helps meet their legal duty to protect and improve the environment.


Significant progress has been made in developing flood protection devices and retrofit solutions for existing properties but how can we ensure that buildings of the future do not suffer the same fate?

A Flood Risk Assessment (FRA) will help you to understand the risk of flooding to your site but the level and type of information available can make the process more complex than it needs to be. To make things simpler, we use three categories of Flood Risk Assessment (FRA) depending upon the risk of flooding to your site and the stage of your development.

If you have no firm development plans, but are looking into the feasibility of developing a site, a Level 1 FRA Screening Study is recommended. If you already have development proposals and are looking to submit a planning application, it is usually recommended that you go straight to a Level 2 FRA Scoping Study or a Level 3 FRA Detailed Study.

Flood risk guidance in England and Wales differs a little in the information requirements and terminology used. However, our experienced team of hydrologists and flood modellers fully understand the intricacies within both English and Welsh guidance and are able to tailor a flood risk assessment to meet fully the particular requirements of either guidance.

FLOOD RISK

Significant progress has been made in flood protection … but how can we ensure that buildings of the future do not suffer the same fate?

FRA Level 1 — Screening StudyThis will provide a general indication of the potential flood risk to the site and identify whether there are any flooding or surface water management issues that may warrant further investigation. The purpose of a Level 1 Screening Study is to identify all sources of flood risk and whether any further work in the form of a Level 2 FRA (Scoping Study) or Level 3 FRA (Detailed Study) is required.

Typically included items

• Assessment of readily available existing flood risk information

• Initial comments on the feasibility of developing the site with reference to existing flood risk information

• Comment upon the feasibility of developing the site with respect to NPPF including advice on the requirements of the Sequential and Exceptions Tests

• Review of existing drainage information

• Recommendations for further work/investigations

FRA Level 2 — Scoping StudyQualitative appraisal to develop understanding of the risk of flooding to the site and the potential impacts the development will have on flood risk elsewhere. Production of a FRA report in accordance with national policy.

Typically included items in addition to Level 1 items

• Contacting the Environment Agency, Local Planning Authority and Sewerage Undertaker to obtain advice on flood risk and drainage issues at the site (including obtaining predicted flood levels and copy of the statutory sewer map if available)


• Comparison of site levels with predicted flood levels

• Assessment of the impact of water level increase due to climate change

• Recommend finished floor levels

• Assess access and escape routes in times of flood

• Give preliminary advice on flood warning and evacuation procedures

• If required, recommend appropriate mitigation measures e.g. flood resilient construction techniques

• Preliminary assessment of the existing and proposed surface water drainage arrangements

FRA Level 3 — Detailed StudyUndertaken if the Environment Agency require further quantitative analysis to assess flood risk issues relating to the development site. For example, flood modelling may be required to establish flood levels at a site where the Environment Agency do not hold this data.Typically included items in addition to Levels 1 and 2 items

• Detailed assessment of flood risk to the site from all sources (including the assessment of the potential impacts of climate change)

• Hydraulic calculations and modelling to quantify the flood risk to the site and any offsite flood risk impacts

• Detailed assessment of existing and proposed surface water drainage arrangements (including the feasibility of Sustainable Drainage Systems (SuDS) and surface water attenuation facilities if required)

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JBA Consulting can advise on a range of environmental services including:

climate change adaptation | EIA consultancy | environmental planning ecology | flood risk management | geomorphology | hydrology hydrogeology | landscape design | sustainable urban drainage