B.6: The Contents of an Environmental Statement

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[See Annexes 1, 2 and 3 and Case Studies 1 and 3]

B.6.1

Paragraphs 64 onwards of PAN 58 and Regulation 2(1) and Schedule 4 Parts I and II of the EIASR 99, describe the contents of an "Environmental Statement". Essentially, an Environmental Statement is the written output of the developer's EIA team. It is intended to provide the focus for the EIA process by setting out all of the relevant information on which the public and consultees may then comment and the Competent Authority must then take into account in making the decision.

B.6.2

In the case of Berkeley v SSETR (2000), the House of Lords commented that an Environmental Statement must not be a paper chase. Lord Hoffman said, "the point about the environmental statement contemplated by the Directive is that it constitutes a single and accessible compilation, produced by the applicant at the very start of the application process, of the relevant environmental information and the summary in non-technical language."

B.6.3

Its primary purpose, therefore, is to inform the decision-maker of the environmental implications of the development. It should also inform statutory consultees, other interested bodies and members of the general public and provide a basis for consultation and debate.

Box B.6.1

An Environmental Statement Should:

  • be a "stand-alone" and complete document (though not necessarily a single volume);
  • provide enough detail to allow readers to form an independent judgement;
  • be unbiased, neither advocating the project nor attempting to serve public
  • relations purposes; and
  • avoid technical discussion and terminology except where absolutely necessary.
B.6.4

The EC Directive specifies, in Annex III, and the EIASR 99 in Schedule 4 Part II, the information which must be included in an Environmental Statement. However, recognising that there may be occasions when some information may not be relevant to the consent procedure or may be impractical to collect, they also specify other information that an Environmental Statement may reasonably be required to include, by way of explanation or amplification (EIASR 99 Sch.4 Part I) (see also B.6.3 below). The equivalent requirements in other Regulations are referred to in Annex 2, Table 3 below.

B.6.5

Thus, Regulation 2 of the EIASR 99 states that an environmental statement

  1. "means a statement that includes such of the information referred to in Part I of Schedule 4 [Box B.6.3 below] as is reasonably required to assess the environmental effects of the development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
  2. that includes at least the information referred to in Part II of Schedule 4 [Box B.6.2 below].

Box B.6.2

Information that MUST be included in an Environmental Statement - the minimum requirement

  • A description of the development proposed, comprising information about the site and the design and size or scale of the development
    [EIASR 99 Sch. 4 Part II (1)]
  • A description of the measures envisaged in order to avoid, reduce and if possible, remedy significant adverse effects (the mitigating measures)
    [EIASR 99 Sch. 4 Part II (2)].
  • The data required to identify and assess the main effects which that development is likely to have on the environment
    [EIASR 99 Sch. 4 Part II (3)].
  • An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the choice, taking into account the environmental effects
    [EIASR 99 Sch. 4 Part II (4)].
  • A non technical summary of the above information
    [EIASR 99 Sch. 4 Part II (5)].
B.6.6

However, it should be noted that if matters in Box B.6.3 are not included in an Environmental Statement, but the Competent Authority decides that it is reasonably required to give proper consideration to the likely environmental effects of the proposed development, the Competent Authority can require the developer (by giving notice in writing) to submit the information specified in writing, but the Authority must have regard in particular to current knowledge and methods of assessment. (Regulations 19, 36 and 60 EIASR 99).

B.6.7

The responsibility for carrying out the studies for the Environmental Statement and reporting the findings is placed on the developer although there are statutory responsibilities for public bodies to make available the relevant information which they hold (see D.5 below). Some environmental issues, however, fall outside the competence or knowledge of any individual developer. In particular, the accurate characterisation of cumulative impacts of many developments in any one region or locality can rarely be satisfactorily assessed by individual developers. The regulations require the developer to include alternatives which have been considered, if no alternatives have been considered none need be included in the Environmental Statement. An analysis of alternatives which, for example, involve different approaches to meeting social needs (rail travel instead of road, for example, or energy conservation instead of a new oil terminal) cannot reasonably be expected in a project Environmental Statement.

Electronic Versions

B.6.8

Environmental Statements are increasingly available on CD or DVD and distribution in this form is compliant subject to the caveats explained in paragraphs E.1.8 and E.1.9 below.

Box B.6.3

Matters normally to be included in an Environmental Statement which is reasonably required to assess the environmental effects of the development and which the applicant can reasonably be required to compile (subject to the minimum requirements listed in Box B.6.2 above).

Description of the development [EIASR 99 Sch. 4 Part I (1)]
A description of the development including, in particular:
  1. the physical characteristics of the whole development, and the land use requirements during the construction and operational phases;
  2. the main characteristics of the production processes, for instance, the nature and quantity of the materials to be used;
  3. an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation etc) resulting from the operation of the development.
Alternatives considered [EIASR 99 Sch. 4 Part I (2)]
An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for choosing the development proposed, taking into account the environmental effects.
Baseline environmental information [EIASR 99 Sch. 4 Part I (3)]
A description of the aspects of the environment likely to be significantly affected by the development including in particular, population, flora and fauna, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between these factors.
Environmental effects [EIASR 99 Sch. 4 Part I (4)]
A description of the likely significant effects of the development on the environment which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development resulting from:
  • the existence of the development;
  • the use of natural resources;
  • any emission of pollutants, creation of nuisances, and elimination of waste;
and the description by the applicant or appellant of the forecasting methods used to assess the effects on the environment.
Mitigation measures [EIASR 99 Sch. 4 Part I (5)]
A description of the measures envisaged to prevent, reduce and, where possible, to offset any significant adverse effects on the environment.
A non technical summary of the above information [EIASR 99 Sch. 4 Part I (6)]
Technical difficulties and limitations [EIASR 99 Sch. 4 Part I (7)]
An indication of any difficulties, such as technical deficiencies or lack of know-how, encountered in compiling the required information.

The Assessment of Alternatives

B.6.9

Circular 15/1999, Annex C, paragraph 2. States that the Environmental Statement should contain “An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects.” This reflects the requirements of the Regulations and Directive (see Box B.6.3 above). The following points seem clear:

  1. an applicant or appellant does not have to consider alternatives; but if they do
  2. they must provide an “outline of the main alternatives studied”; and
  3. for each of the main alternatives studied, an indication of the main reasons for the choice, that is, why the alternative was not adopted, taking account of its environmental effects and those of the submitted project; noting that
  4. the predicted environmental effects of the alternatives rejected may have been better or worse than the submitted project, so EIA does not absolutely constrain the selection of the submitted project in preference to alternatives studied, but it is reasonable to expect that a rational explanation would be included in the Environmental Statement as to why a more, or less, environmentally harmful project was chosen for submission.