PPS25 - Flooding
Changes to the way that flood risk is assessed are contained within the Draft PPS25 document currently under review. It introduces a proposal for the Environment Agency to have ‘power of direction’ in planning applications, further commitment to Sustainable Drainage Systems (SUDS) and a ‘sequential testing’ requirement for the types of development within areas at risk of flooding. A public consultation process was carried out and the representations are expected to result in the publication of the new PPS25 in the Autumn of 2006 – watch this space !
EIA and Reserved Matters Applications
UK courts have previously ruled that a local authority can only require a developer to carry out an EIA when an outline or detailed planning application is under consideration. In May 2006, the European Court of Justice determined that the UK had incorrectly transposed the requirements of the EIA Directive into national law as under the EIA Regulations an assessment as to whether an EIA is required can be carried out at the outline planning permission stage but not at the reserved matters stage. The ECJ stated that Articles 2(1) and 4(2) of the EIA Directive must be interpreted as requiring an EIA to be carried out at the reserved matters stage if it becomes apparent at that stage that the project is likely to have significant effects on the environment by virtue of its nature, size or location.
Reserved matters applications cover important details such as design and external appearance, means of access and landscaping. These may be submitted in one application or as a series of different applications as the project is developed, and many years can pass between outline and reserved matters applications, meaning an EIA could be required later when it was not at the start.