This guide covers environmental assessment and regulation in the UK. Various pieces of legislation exist to protect the environment and promote sustainable development. Environmental assessments are required for certain types of developments and involve gathering information to understand potential environmental impacts and identify mitigation measures. Assessments also consider landscape and visual impacts, heritage sites and protected species. The guide provides an overview of the assessment process and regulatory requirements.

1. A guide to environmental
assessment and regulation

2. The only way forward, if we are going to
improve the quality of the environment,
is to get everybody involved.
– Richard Rogers, British Architect

3. 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 (steve.maslen@jbaconsulting.com)
David Revill, Principal Environmental Consultant (david.revill@jbaconsulting.com)

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ENVIRONMENTAL ASSESSMENT
An environmental assessment is a key decision making tool involving information
gathering execises and site surveys to help developers and regulators understand
the potential environmental impacts of a development proposal. These
proposals are then appraised against this baseline environmental information
to identify whether they could harm or disturb any sensitive environmental
features. Mitigation measures are proposed as needed to minimise any potential
environmental impacts. This should lead to better development standards and
can demonstrate project sustainability.
EU and UK law requires certain types of developments (Schedule 1 and
Schedule 2) to carry out an Environmental Impact Assessment (EIA). Schedule
1 projects always require an EIA, while Schedule 2 projects require an EIA if the
development exceeds specific thresholds and is likely to have a significant impact
on the environment by virtue of its nature, size or location. A developer can
choose to submit an EIA voluntarily, but it is usually under the direction of a local
authority in consultation with stakeholders.
Screening Opinion. This is the process by which local authorities decide whether
a development requires an EIA.
Scoping Report.This details issues to
investigate in the EIA which enables the
applicant to establish baseline conditions at the
development site and the standards against
which the development may be judged.
Environmental Statement (ES). A publicly
available document which outlines the findings of
an Environmental Impact Assessment. The ES can
be used to support a planning application, setting
out environmental impact management and
mitigation measures.

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Existing and proposed views of Saltaire Hydropower Scheme Hydropwer

7. LANDSCAPE AND VISUAL
Landscape and Visual Impact Assessment (LVIA) is an important means to
assess the effects of change on the landscape. It is often a key element of a
planning application. LVIA identifies and records sensitive features on and around
the development site and determines the potential impact on these features and
views across the surrounding area.
Photomontages are computer generated images used to support LVIAs which
show how a development will look and give a visual comparison of a site with
and without the development. Where impacts are identified, the LVIA provides
a means through which appropriate mitigation measures to reduce or avoid
adverse effects can be identified and tested.
A typical assessment consists of the following elements:
• A preliminary site review to identify the key landscape characteristics and
sensitive landscape receptors or designations that could be affected.
• A landscape baseline review of local planning policy, preparation of a Zone
of Theoretical Visibility plan (ZTV) and preparation of a list of potentially
sensitive visual receptors/viewpoints.
• Assessment of the significance/value of heritage assets such as Listed Buildings,
Scheduled Ancient Monuments and Registered Historic Parks and Gardens.
• Liaison with Local Planning Authority to agree viewpoint locations to be used
in the assessment.

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• A site assessment that includes landscape, visual, cultural heritage and
historic environment impact surveys and agreed viewpoint photography in
accordance with best-practice guidelines.
• Preparation of photomontages or wireframes to demonstrate the visual
change as a result of the development and assessment of the cumulative
impacts of the proposed development.
• Production of report on the above, including preparation of landscape character
and designation plans, ZTV maps and viewpoint/receptor plans and schedules.
We follow industry-recognised best practice guidance whilst preparing
landscape assessments, photomontages or other visualisations. For
smaller scale developments, in less sensitive surroundings, we undertake a
proportionate level of assessment and have developed a robust landscape
appraisal methodology incorporating a site walkover survey, concise desk
study exercise and focused impact appraisal. We also prepare photoviews
rather than full photomontages. Photoviews show the existing view of the
development site from a range of sensitive receptors, which might include
nearby residential properties and businesses, heritage sites, or important
footpaths or viewpoints.

9. Historic sites, structures and buildings help give an area its special character
and make it distinctive. The need to preserve the best examples has long been
recognised in legislation. There is a range of heritage designations, including
those made formally under statutory powers or informally as a matter of good
practice. The weight to be given to a designation depends on the level at which
it has been made. National heritage designations include Scheduled Monuments,
Listed Buildings, Registered Battlefields and Wrecks.
Scheduled monuments are designated under the Ancient Monuments Act 1979
through a process in which nationally important historic sites are given legal
protection. These can include prehistoric earthworks to Roman villas, Norman
castles to Second World War prisoner of war camps. Scheduling is the only legal
protection specifically for archaeological sites, whilst major exclusions include
inhabited buildings and churches in use. Planning policy requires the preservation
of monuments ‘within an appropriate setting’.
Listed buildings are designated under the Planning (Listed Buildings
and Conservation Areas) Act 1990 when they are deemed to have special
architectural or historic interest. Works for the demolition, alteration or extension
(but not the repair) of a listed building require listed building consent from the
local planning authority.
HERITAGE

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Conservation areas are designated under the Planning (Listed Buildings and
Conservation Areas) Act 1990. They are chosen for their special architectural
and historic interest. Any demolition works, alterations or additions may require
consent from the local authority. A very high standard of design is required when
submitting planning applications in conservation areas and new developments
are ususally required to make a positive contribution to the character of the area.
Locally important archaeological sites are also designated by local authorities
and included in a Historic Environment Record (HER). The HER may be held
by County Councils, District Councils or Unitary Authorities, and in each case,
the record will cover the whole of the local authority area. Typically, a planning
authority will ask for an assessment of the potential historic interest of a site
to accompany any planning application if the site is large or the development
proposals are substantial. Access to records may be available online or can be
obtained in writing from the local authority.
A Cultural Heritage Assessment (CHA) will be prepared following recognised best-
practice guidance. It considers the potential direct impact of construction and
also the visual impact on designated sites and structures in the surrounding area.
The CHA will:
• Identify the heritage baseline
• Assess the archaeological potential of the area
• Assess the significance of all heritage assets to be impacted by the
proposed scheme
• Assess the impact of the proposed scheme on the significance of heritage
assets, including impact on setting
• Inform the design of any further evaluation of the site (geophysical survey
or trial trenching)
• Form the basis of liaison with the relevant curators regarding further
evaluation or mitigation

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European Protected Species (EPS) are animals and plants that receive protection
under the Conservation of Habitats and Species Regulations 2010, in addition to
the Wildlife and Countryside Act 1981 (as amended).
EPS include a wide range of species such as otter, great crested newt, dormouse
and all native bat species. Under these regulations, all EPS and their breeding
sites or resting places are protected, and it is an offence to deliberately capture,
injure or kill any such animal or to deliberately take or destroy their eggs.
A wildlife licence is required by anyone who wishes to carry out an activity
prohibited under this wildlife legislation, and licences are only issued for certain
purposes, which include carrying out ecology surveys and disturbing species in
order to enable approved development to proceed. An application for a licence
needs to be made to Natural England (for works in England), Natural Resources
Wales (for Wales) or Scottish Natural Heritage (Scotland).
BIODIVERSITY

13. Read our top ten ecology tips for meeting your ecological obligations and
delivering a sustainable development.
1. Start Early
It’s important that you engage an ecologist at an early stage of a project so that
any potential constraints to your proposals are identified as soon as possible; this
reduces the risk of delays and increased costs further down the line.
2. Time is of the Essence
Some species in the UK hibernate and others migrate away at certain times of
year. Many ecological surveys can therefore only be undertaken at certain times
of year. For example, surveys for bat activity can only be undertaken between
April/May and September/October when bats are not hibernating. Recognising
this, and ensuring that an ecologist is engaged at an early stage, should allow the
required surveys to be programmed for the optimal time of year.
3. Keep us in the Loop
Don’t forget to keep your ecologist in the loop. Changes to a project, such as
an extension of a development, changes to the boundary or moving the site
compound or access tracks even a few metres may impact on ecological features
not previously affected. Keeping your ecologist involved at all stages of a project
will allow the impact of any changes to be assessed at the outset, preventing
potential delays at a later stage.
4. It’s Good to Talk!
Development can generate a lot of interest, particularly in areas where there
are notable habitats and species. We’d recommend that you consult interested
parties, such as wildlife trusts, the RSPB or local naturalist groups, early in a
project to keep them up-to-date on your proposals and help address any concerns
they may have.
5. Working within the law
It’s important to recognise that a number of sites and species receive legal
protection. Undertaking developments within or near these sites, or in
areas where protected species are present, will require careful planning and
implementation of appropriate mitigation. Engaging an ecologist at an early
stage will help to identify the legal requirements you will need to meet and allow
suitable, proportionate mitigation strategies to be developed.
JBA Consulting’s guide to environmental assessment and regulation | 13

14. 6. Ecology is a Skill
Ecology is a complex and varied subject, requiring a number of specialist skills.
It’s important to ensure that the ecologist(s) you appoint have the right skills
and training to carry out the work you need. Using ecologists who are members
of organisations such as the Chartered Institute of Ecology and Environmental
Management (CIEEM) helps to ensure standards are high. It’s also important to
recognise that ecology is only one aspect of environmental science; it’s likely a
number of other specialists, alongside ecology, will need to be appointed as part
of any necessary Environmental Impact Assessment.
7. Be Biosecure
A major threat to the UK’s biodiversity is currently the spread of invasive non-
native species (INNS), which can out-compete native species, spread disease
or reduce the value of natural habitats. INNS, such as Japanese Knotweed
or Himalayan Balsam, can be present on development sites and, where these
are to be affected, appropriate mitigation and stringent biosecurity protocols
will be essential to manage them. Even if INNS are not directly affected by a
development, you should consider implementing an eradication strategy for the
site and where planting schemes are planned, you should select native species
that are appropriate to your site and sourced from the local area.
8. Share your Data
Local ecological records centres are a valuable source of information on species
and habitats for all ecological assessments. However, they rely on data being
submitted to them. Please consider letting your ecologists submit the data they
collect to the local record centres; it may help you in the future.
9. Be Prepared
Wildlife is unpredictable! Over the lifetime of a project, mobile species can
establish in areas where not previously found. It’s therefore important to be
flexible and prepared for surprises! Appointing an Ecological Clerk of Works
during construction can help to identify these issues as soon as possible, allowing
the development of timely and cost-effective mitigation.
10. Embrace Ecology!
And finally, many developments can provide opportunities to create habitats and
enhance areas for biodiversity, which can be a major selling point! Be it putting
up bird or bat boxes, creating ponds or planting woodland areas, you can make
your development more sustainable and ecologically sensitive.
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15. Prevention of pollution is a key environmental concern during the construction
phase of a development.
Good environmental management can minimise the risk of a pollution incident
and help development adhere to good practice guidance.
An Environmental Action Plan (EAP) and Pollution Prevention Method
Statement will help you to satisfy planning conditions relating to good
environmental management.
The EAP is a 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.
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.
The Pollution Prevention Method Statement (PPMS) 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 and the pathways
through which contaminated materials could enter the environment
• the mechanisms to be put in place to minimise the risk of pollution occurring
• the management measures to be adopted to control and safeguard potentially
polluting materials, including oil, fuel and chemicals
• the approach to managing the storage and disposal of waste materials
generated during construction
• emergency response procedures 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.

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

18. FRA Level 1 — Screening Study
This 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 Study
Qualitative 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)

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• 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 Study
Undertaken 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