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Key Issues in Ecological Impact Assessment Bob Edmonds SLR Consulting Ltd [email protected]

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Key Issues in Ecological Impact Assessment

Bob Edmonds SLR Consulting [email protected]

Five Key Issues

• EcIA and the role of PEA

• Baseline data collection

• Defining Important Ecological Features

• Cumulative assessment

• Mitigation Hierarchy and No Net Loss

Over-arching theme – proportionality and professional judgement

Participant Poll #1

A. PEA is a short and simple EcIA.

B. PEA is a precursor to EcIA to inform development design and to scope assessments and surveys.

C. PEA is another name for an “extended” Phase 1 Habitat Survey.

D. PEA is all of the above.

What is a Preliminary Ecological Appraisal?

Scoping and Preliminary Ecological Appraisals

• PEA is a precursor to EcIA – typically undertaken before project design freeze

• Appropriate for all scales of development

• PEA reports are typically not suitable to support planning submissions

• Data collected for PEA may be suitable for submission to support planning applications where ecological effects are minor.

• CIEEM’s Guidelines for PEA - Update due in early 2016

Key Issue 1

Determine study objectives and methodologies

Where further surveys and/or

detailed assessments are required,

undertake an Ecological Impact

Assessment.

2nd ed. EcIA guidelines (CIEEM,

2016)

For small scale, low risk sites a

“low impact” EcIA report may

be suitable to support planning

submission.

Design freeze

Produce a PEA report, informing

client of constraints and

opportunities and (where

necessary) recommend further

surveys.

Reports containing

recommendations for further

survey are unlikely to be

sufficient to support a planning

submission.

Design iterations and further survey work

Initial Ecological Site Assessment

Site visit: Describe habitats & species present, potential ecological value and risks

of protected or notable species.

Desk study: Use of aerial images, historical maps and biological records.

Use available information to produce a Baseline Report

Assessment and Review

• Evaluate ecological receptors,

• Determine potential impacts,

• Make initial avoidance, mitigation and enhancement recommendations,

• Describe any further work that is required.

Key Issue 1 – PEA and Scoping

• Ecological reports containing recommendations for further survey or assessment are unlikely to be suitable for planning determination

• Further surveys should only secured by planning conditions in “exceptional circumstances”(BS42020 – Clause 6.4.5 and 9.2.4 and ODPM Circular 06/05 Paragraph 99)

Key Issue 2 - Baseline Data

• Survey standards and guidance

• Reasonable deviations and professional judgement

• How much data is enough?

Survey Guidelines - Bats

Baseline Surveys: Proportionality, Deviations

and Professional Judgement

• Clearly state the actual methods used and the survey effort.

• Document deviations from guidance stating rationale. BCT, 2016 (Section 1.1.3)

• Surveys should be appropriate for purpose intended, follow published good practice but modify these where necessary and state limitations. BS42020 (e.g. clauses 6.2, 6.3, 6.7)

• If methods vary, this should be explained and justified and reliability discussed. CIEEM, 2016 (para 3.11)

Baseline Study - Summary

• Refer to specific guidelines (where available), but remember they are guidance, not rules.

• Design surveys to answer specific questions.

• Competent professionals should justify deviations on ecological grounds.

• Conducting less survey than “minimum reasonable standards” is unlikely to be sufficient

Participant Poll #2

A. Yes. Guidance is clear and consistently interpreted.

B. No. Guidance is not clear, or it is interpreted variably

C. The quality of guidance varies between taxa and could be improved.

Are current survey guidelines clear about the effort required to meet reasonable minimum standards?

Key Issue 3 - Valuation

• CIEEM Approach

• Data limitations & professional opinion

• Consideration of other values

Valuation – CIEEM Approach

• “Important Ecological Features” are those that require further consideration in the EcIA process. It does not mean that other features do not have biodiversity value.

• Geographic context is a useful as a frame of reference for designated sites and where good survey and contextual data exists.

• Geographic context is not a hierarchy, but informs the reader of the scale at which the impact would be observed.

• Avoid conflating species protection and biodiversity valuation.

• Different types of features may be identified: species populations, habitats and sites. Avoid double-counting.

Valuation – Protected Species• Species populations should be assessed based on

distribution, abundance and population trends, not level of protection.

• For instance, badgers are very common and populations increasing. Important because of welfare and legal protection, not biodiversity value.

Valuation – Ecosystem Services and Natural Capital

• EcIA should consider other values and benefits derived from for biodiversity. For instance:

• Supporting services

• Provisioning services

• Regulating services

• Cultural services

• Natural Capital Protocol - an approach that captures the economic value of ecosystem services.

• Ecologists can provide information to support ES or NC assessments.

Valuation – Ecosystem Services

Fruit and nut forests in Kyrgyzstan

Photo Credit: FFI Fungi foraging Blackberry picking

EcIA: other services may be considered as “Important Ecological Features” where a project may affect this service.

Cultural services: enjoyment of bluebell woods in spring

Salmonid fisheries

Participant Poll #3

A. Yes

B. No

C. Not relevant. Ecosystem services assessments should be considered outside the EcIA process.

Would more guidance on how to assess the impacts to ecosystem services in EcIA be welcomed?

Valuation - Summary

• Valuation is only as good as the baseline data

• Professional judgement required

• Statutory protection is different

Key Issue 4 – Cumulative Effects

• Actions or activities that collectively lead to significant effects

• Additive (1+1=2) or synergistic (1+1=3)

• Associated – enabling development under different consents

Cumulative Assessment -Considerations

• Proposals awaiting determination

• Projects granted consent but not constructed

• Refused, but awaiting appeal

• Constructed or in construction – effects not recognised in baseline

• Maybe…developments included in plans and policies

Needs assistance from Planning Consultants, Statutory

Authorities, especially planning authorities, at scoping.

Key Issue 5 - Mitigation

The Mitigation Hierarchy is embedded into UK and global biodiversity policy:

• England - NPPF 2012

• CIEEM – EcIA Guidelines 2016

• IFC PS6

• Cross-sector Biodiversity Initiative – 2015 Guide

• Biodiversity Offsets, e.g. DEFRA Pilot Study and BBOP.

Biodiversity offsets and impact mitigation

The mitigation hierarchy:

Avoid

Reduce, moderate, minimize

Rescue (relocation, translocation)

Repair, reinstate, restore

Compensate/offset

Positive contributions

(Net biodiversity benefit)

Thanks to Martin Hollands and Josh Bishop for slide

Mitigation Hierarchy - Avoidance

• Avoidance is most effective and usually best value

• Requires early engagement between ecologists and design team

• Iterative project design

• Don’t forget to describe avoidance measures in the EcIA, e.g. in an alternatives section, or development description

Mitigation

Drayson, 2014

• EcIA typically overstates the effectiveness of mitigation measures

• More precaution needed

• More detail on mitigation measures implemented and responsibilities

Mitigation

• Poor evidence base for effectiveness

• Poor reporting of limitations in EcIA

• Poor implementation, regulation and compliance checks

• Better monitoring and adaptive management required

• Long-term multi-stakeholder partnerships can be useful

• Plenty of room for improvement!

Biodiversity Offsets

• are measurable conservation outcomes…

• after avoidance, minimization and restoration measures.

• there are limits to what can be offset.

Biodiversity Offsets – DEFRA Pilot

Biodiversity Offsets

• Offsetting is likely to continue to be used in England on a voluntary or case-by-case basis

• Offsetting remains controversial, especially in the NGO sector and with the wider public

• There is a lack of consistency between planning authorities on the use of offsetting

• Offsetting should only be used where the mitigation hierarchy has been rigorously applied

Participant Poll #4

A. Yes, in it’s current form.

B. Yes, but needs to be adapted and the approach strengthened.

C. No.

Do you think that Biodiversity Offsetting has a role project EcIA?

Summary

• CIEEM’s new EcIA Guidelines are part of a suite of new guidance from CIEEM and other organisations.

• Focus on professional competence, judgement, transparency and proportionality.

• Increasing emphasis on ecosystem services.

• Mitigation hierarchy now widely adopted.

• Offsets remain controversial, but use likely to continue.

Acknowledgments: Katherine Drayson, Jo Treweek, Alison Gunn (FFI), Jess Colebrook & Dominic Buffin (SLR), Mike Dean, Sally Hayns (CIEEM) and Josh Fothergill (IEMA)

Bob Edmonds CEnv MCIEEM

SLR Consulting Ltd, Stafford

[email protected]

Thank You