Arundel NDP2 SEA - final determination letter
Arundel Neighbourhood Development Plan 2 (2018-2031) review
Arun District Council (ADC) screening of the need for an environmental assessment of the Arundel Neighbourhood Plan 2 (2018-2031) review
The Council encourage the community’s decision to produce a Neighbourhood Development Plan review. The government is clear that the intention of Neighbourhood Development Plans should be to set out policies on the development and use of land in a neighbourhood area and that the local planning authority has a duty to support production of the plan.
Our duty in this respect is to screen the expected contents of the Plan and environmental information outlined, in order to determine whether a Strategic Environmental Assessment (SEA) and/or Habitat Regulations Assessment (HRA) process is required. As such we will also be determining at the same time, or later where one is required, if the basic condition is satisfied. This will allow the Examiner at a forthcoming examination to see that this condition has been met and recommend that the proposed Plan goes ahead to referendum.
These comments only relate to the need for either a Strategic Environmental Assessment (2001/42/EC) or an assessment under the Birds Directive (92/43/EEC). They are based solely on the information submitted and/or provided to this authority with respect to satisfying these basic conditions - regulation 15(1)(e) and (g) specifically.
ADC Comments
As part of good planning practice, ADC have highlighted and provided guidance in terms of addressing this aspect and these comments follow in that vein. The statutory bodies have also provided guidance related to these aspects.
The information contained in the Arundel NP Policy Review Report (March 2023) and Opinion Request Form are sufficient to determine that:
- there will be no significant environmental effects to result from the proposals in the plan that have not been appraised through other development plan processes
- that it does not breach, and is otherwise compatible with, retained EU law and Human Rights obligations
Conclusion
On the basis of the information provided within the Arundel Neighbourhood Plan Review Report (March 2023) provided to this Council on 6 December 2023, it is determined that an environmental assessment is not required on the basis that:
- there are no new or additional sites that are officially being allocated for development through the proposed Neighbourhood Plan Review and as such will not be affecting either the natural or historic environments.
It can also be confirmed that on the basis of no official allocations expected as part of the review but alterations to existing, there would not be expected to be any effects on any internationally designated nature sites. As such, it also meets the basic requirement of not breaching the requirements of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017.
In our opinion this plan meets the 2 basic conditions of:
- not breaching, and otherwise being compatible with retained EU law and Human Rights obligations
- not breaching the requirement of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017
It must be emphasised that this determination as explicitly mentioned above, is on the basis of the information submitted to this authority. This determination does not preclude any comments from any statutory consultees during further stages of the review process.
Ultimately any decision over the eventual contents of the Final Submission Plan rests with the Arundel Neighbourhood Plan Group. However, if the contents of the review or later versions result in more significant alterations, and/or there is a material change in the environmental characteristics in the locality (e.g. any new or changes to nature conservation designations), then the comments contained in this letter would need to be reconsidered to take account of the changes.
Yours Sincerely
Charlotte Hardy
Senior Environmental Assessment Officer
Date Issued: 22 January 2024