Fortieth Report of Session 2019-21 Contents

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Appendix 1

S.I. 2020/1531

Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020

1.The Committee requested a memorandum on three points in relation to the Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020 (“this instrument”).

1. Having regard to the Committee’s First Special Report of Session 2017–19 (Transparency and Accountability in Subordinate Legislation) and given (as the Department acknowledges in paragraph 7.7 of the Explanatory Memorandum) that the changes made by this instrument have the potential to reduce access to relevant documentation for people without access to the internet:

(1) if possible, give some idea of the size of charge likely to be imposed for provision of hard copies of documents relating to environmental assessments, having regard to the typical range of length of those documents; and

(2) explain what arrangements will be made to waive charges for hard copies or make documents available for inspection free of charge for individuals who have an interest in seeing those documents but who have limited or no access to the internet or a computer and who may be unable to afford the standard charge for the provision of hard copies.

2. Explain why these regulations could not have been made and laid six days earlier so as to comply with the 21-day rule.

Question 1(1): Size of charge and length of documents

2.This instrument states on its face that where a charge is made for copies of documents that charge must be for of a reasonable amount, and the public shall be informed of the amount of that charge in the notification produced.1

3.Guidance published alongside this instrument states that a reasonable charge is one “which should be sufficient to cover the costs of providing this service”.2 In the Department’s view it is not possible to give a definite view on the cost of producing hard copies of documents for inspection, either on the face of the instrument or in guidance, as this will vary greatly depending on the type of plan or programme to which the strategic environmental assessment (“SEA”) relates and the individual circumstances.

4.The length of the documents required by this instrument to be made available for inspection will vary greatly depending on the type of plan or programme in issue and which stage in the SEA process the documents are produced (and therefore which regulation inspection is required under). There are a number of documents that are required for inspection by different regulations within this instrument. These include: a copy of a determination; statement of reasons; draft plan or programme; plan or programme as adopted; environmental report; statement of particulars. The two documents likely to be longest are the plan or programme (whether in draft or as adopted) and the environmental report (whether self-contained or contained within a composite assessment).

5.Local Development Plans are amongst the plans or programmes associated with the longest environmental reports to the provisions in this instrument apply.

a)The Planning Inspectorate estimate that the typical length of an environmental report published alongside a Local Development Plan would be 150–250 pages.

b)The shortest environmental report associated with a local development plan which we have found is a 136-page Sustainability Appraisal incorporating the Strategic Environmental Assessment.3 This would need to be consulted on alongside the draft Local Plan which ran to 137 pages,4 bringing the total length to c.260 pages.

c)The longest environmental reports which we found was an Integrated Impact Assessment (which contained the environmental report), which was over 500 pages.5 In that instance the assessment would be consulted on alongside a 282 page report,6 bringing the total length to just short of 800 pages.

6.Neighbourhood development plans are likely to be the plans or programmes which have the shortest environmental reports associated with them, to which this instruction applies.

a)The average length of an environmental report may be 50–100 pages. Neighbourhood plans themselves often run to about 100 pages.

b)The shortest environmental report we have found which was consulted on alongside a neighbourhood plan was 14 pages.7 The neighbourhood plan which this would be consulted alongside was 38 pages, bringing the total length to just over 50 pages.

Arrangements to waive charges for hard copies

7.This instrument states on its face that authorities have the discretion as to whether to levy a charge or not.

8.Guidance published alongside this instrument states that responsible authorities “may wish to consider waiving such a charge for members of the public who are unable to access the documentation electronically or find it difficult to do so”.8 The Guidance goes on to say that responsible authorities “should be proactive in ensuring effective consultation and fair participation in the development of plans, programmes and modifications to them. They should consider how they can continue to promote effective community engagement by means which are reasonably practicable, in particular to reach those sections of the community that do not have internet access”.9

9.The details of such arrangement are left to responsible authorities to determine. Given the range of different circumstances and contexts in which this instrument will be applied it is not considered appropriate to specify when charges should be waived.

10.Guidance also sets out other alternative options that responsible authorities may wish to consider to ensure that members of the public who have limited or no access to the internet or a computer can effectively engage with these documents for free.10 In addition to waiving the standard charge responsible authorities are required by the instrument to provide a phone number to be made available for members of the public to field enquiries regarding documentation, and the guidance also suggests that responsible authorities consider providing a digital copy of documentation on a USB flash drive where a member of the public says that they have access to a computer but have limited or no internet access. Again, given the range of different circumstances where these may be appropriate alternatives, the specific arrangements for delivering are left to the responsible authority. The instrument does not provide for charges to be made for either of these alternative services and utilising these alternative methods of ensuring effective engagement does not displace the obligation on a responsible authority to provide hard copies on request.

Non-compliance with the 21-day rule

11.The Department apologises for breaching the 21-day rule.

12.The Committee will have seen the explanations set out in paragraph 3.1 of the EM that accompanied this instrument.

13.Further, as a result of urgent measures taken due to the coronavirus pandemic, there were a number of temporary planning measures all due to expire on or about 31 December 2020. Government was keen to make sure that measures were in place to prevent any of these temporary planning measures expiring without action. This meant that the extension of five statutory instruments had to be resourced simultaneously.11

Ministry of Housing, Communities and Local Government

2 February 2021