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Chapter 7: Adoption (Pre- and Post Adoption of the PPS)
This flow chart sets out the key topics covered by this Tool Kit. The chapter you are now reading is highlighted.
Contents
Part 1 - Introduction
Part 2 - Legislative requirements
Part 3 - Guidance - Adoption
- What information should you include in the SEA Statement?
- How long should a SEA Statement be?
- What should you send to the Consultation Authorities?
- Where do you submit reports to?
Part 4 - Useful contacts for this stage
Part 1 - Introduction
7.1.1 Before a qualifying plan, programme or strategy ( PPS) can be formally adopted, it is a requirement of the Environmental Assessment (Scotland) Act 2005 ('the Act') that the Environmental Report and the outcome of consultations upon it are taken into account. The Act also requires that once the PPS is adopted, a statement is published which explains how the Responsible Authority has taken the SEA process into account and how environmental considerations have been integrated into the PPS.
7.1.2 This part of the guidance sets out what a Responsible Authority must do when adopting a PPS which has been subject to SEA, and provides advice on the type of information that may be included within the required statement.
Part 2 - Legislative requirements
Requirements prior to adoption of PPS |
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Section 17 states that in the preparation of a qualifying plan or programme, the responsible authority shall take account of- (a) the environmental report for that plan or programme;
(b) every opinion expressed in response to the invitation to the Consultation Authorities and to the public on the Environmental Report and the relevant strategy, plan or programme (section 16 of the Act);
(c) the outcome of any relevant consultations with other EU Member States under Regulation 14 of the Environmental Assessment of Plans and Programmes Regulations 2004 ( UK Regulations). |
7.2.1 The specific requirements of the Act in respect of pre- and post-adoption procedures are set out in the adjacent boxes.
7.2.2 Section 17 of the Act requires that prior to the formal adoption of a qualifying PPS, account must be taken of the Environmental Report, of opinions expressed upon it (both from the Consultation Authorities and from the wider public) and of any transboundary consultations with other EU Member States. How these have all been taken into account must be demonstrated.
Requirements post adoption of PPS |
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Section 18(1) states that as soon as reasonably practicable after the adoption of a qualifying plan or programme, the responsible authority must- (a) make available a copy of-
(i) the plan or programme;
(ii) the Environmental Report relating to it; and
(iii) a statement containing the particulars referred to in 18(3) at the authority's principal office for inspection by the public at all reasonable times and free of charge; |
7.2.3 Section 18 of the Act sets out a comprehensive range of activities which must be undertaken to demonstrate that account has been taken of the Environmental Report and any views expressed upon it, and to advertise the fact that the PPS has been formally adopted. This includes the preparation of a statement (called an " SEA Statement") explaining how the Environmental Report and opinions expressed upon it have been taken into account. There is also a requirement to send a copy of the adopted PPS and the SEA Statement to the Consultation Authorities.
Requirements post adoption of PPS |
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(b) secure the taking of such steps as it considers appropriate (including publication in at least one newspaper circulating in the area to which the plan or programme relates) to bring to the attention of the public-
(i) the title of the plan or programme;
(ii) the date on which it was adopted;
(iii) the address (which may include a website) at which a copy of the plan or programme and its accompanying Environmental Report, and of the statement containing the particulars specified in subsection (3), may be inspected or from which a copy may be obtained;
(iv) the times at which inspection may be made; and
(v) that inspection may be made free of charge; and (c) display a copy of -
(i) the documents referred to in paragraph (a); and
(ii) the information referred to in paragraph (b), on the authority's website. |
Section 18(2) states that - As soon as reasonably practicable after the adoption of a qualifying plan or programme, the responsible authority shall inform the consultation authorities of the adoption of the plan or programme and shall send them a copy of- (a) the plan or programme as adopted; and
(b) the statement containing the particulars specified in subsection (3). |
Section 18(3) states that - the particulars referred to in 18(1) and 18(2) are- (a) how environmental considerations have been integrated into the plan or programme;
(b) how the environmental report has been taken into account;
(c) how the opinions expressed in response to the invitation mentioned in section 16 have been taken into account;
(d) how the results of any relevant transboundary consultation have been taken into account;
(e) the reasons for choosing the plan or programme as adopted, in the light of the other reasonable alternatives considered; and
(f) the measures that are to be taken to monitor the significant environmental effects of the implementation of the plan or programme. |
Checklist
7.2.4 To assist Responsible Authorities in meeting the requirements of the adoption stage of SEA, Figure 7.1 provides a checklist of these activities. Please note that this checklist is provided to guide Responsible Authorities and should not be assumed to imply compliance with the Act.
Figure 7.1 Checklist of adoption activities
Task | When | Section |
|---|
1 | Take account of the environmental report for the PPS; | During the preparation of the PPS | 17(a) |
2 | Take account of every opinion expressed in response to the invitation to the Consultation Authorities and to the public; | During the preparation of the PPS | 17(b) |
3 | Take account of the outcome of any transboundary consultation; | During the preparation of the PPS | 17(c) |
4 | Prepare a statement containing the particulars referred to in Section 18(3) of the Act. This is more commonly known as the post adoption " SEA Statement" and guidance as to what should be included is provided in Part 3 and in the SEA templates. | As soon as reasonably practicable after the adoption of the PPS | 18(3) |
5 | Make available a copy of the PPS, the Environmental Report relating to it and the " SEA Statement" at the Responsible Authority's principal office for inspection by the public at all reasonable times and free of charge; | As soon as reasonably practicable after the adoption of the PPS | 18(1)(a) |
6 | Bring to the attention of the public- - the title of the PPS;
- the date on which it was adopted;
- the address (which may include a website) at which a copy of the PPS and its accompanying Environmental Report and of the SEA Statement may be inspected or from which a copy may be obtained;
- the times at which inspection may be made; and
- that inspection may be made free of charge;
| As soon as reasonably practicable after the adoption of the PPS. This may be achieved through the advertisement in 7 below. | 18(1)(b) |
7 | Publish in at least one newspaper circulating in the area to which the PPS relates a notice providing the information cited in 6 above | As soon as reasonably practicable after the adoption of the PPS | 18(1)(b) |
8 | Display a copy of - - the documents referred to in 5 above
- the information referred to in 6 above on the authority's website.
| As soon as reasonably practicable after the adoption of the PPS | 18(1)(c) |
9 | Inform the consultation authorities of the adoption of the PPS and send them a copy of- - the PPS as adopted; and
- the " SEA Statement".
Responsible Authorities are asked to submit these through the Scottish Executive SEA Gateway. | As soon as reasonably practicable after the adoption of the PPS | 18(2) |
Part 3 - Guidance - adoption
What information should you include in the SEA Statement?
7.3.1 Section 18(1)(a)(iii) requires the Responsible Authority to make available a statement containing specified information , as soon is reasonably practicable after the adoption of the PPS. This statement is referred to as the post-adoption " SEA Statement".
7.3.2 There is a template for a SEA Statement in the templates attached to the Tool Kit.
7.3.3 The length and level of detail in the SEA Statement will vary depending on the nature of the PPS, the number of consultation responses received and on the nature and extent of any significant environmental effects.
7.3.4 The SEA Statement must include the following:
Requirement of Act | Guidance |
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- Describe how environmental considerations have been integrated into the PPS
| This might include: - details of measures taken to prevent, reduce and as fully as possible offset the adverse environmental effects identified in the assessment or to enhance positive benefits;
- details of how cumulative and other indirect effects have been considered and taken into account;
- any special characteristics, problems or designations in the area which have been considered during the PPS preparation;
- details of how environmental protection objectives, set by other PPS or by international, European or national policy have been considered during PPS preparation.
|
- Describe how the Environmental Report has been taken into account;
| This might include: - details of how the PPS has changed as a result of the environmental assessment, particularly in regard to negative impacts identified in the Environmental Report;
- an indication of the need for more detailed assessment required to be undertaken by lower tier PPS in order to understand the environmental effects properly;
- details of mitigation measures required and those responsible for implementing them.
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- Describe how the opinions expressed on the Environmental Report during consultation have been taken into account
| This is likely to include: - a list of all comments received, including those from the Consultation Authorities, explaining how they have been taken into account or, if not, the reasons why not;
When reporting on comments, Responsible Authorities should comply with other relevant legislation such as the Data Protection Act. |
- Describe how the results of any transboundary consultations have been taken into account
| This is likely to include: - a list of all comments received from other Member States explaining how they have been taken into account or, if not, the reasons why not.
|
- Set out the reasons for choosing the PPS as adopted in the light of other reasonable alternatives considered
| This might include: - a summary of the alternatives considered;
- a summary of the reasons for the final choice;
- an explanation as to why certain aspects of the PPS may have been progressed in the light of identified negative impacts.
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- The measures that are to be taken to monitor the significant environmental effects of implementing the PPS
| |
How long should an SEA Statement be?
7.3.5 The length of a SEA Statement cannot be prescribed and will to a large extent depend on:
- the nature and complexity of the PPS;
- the number of comments received;
- the nature and extent of significant effects identified; and
- the extent of mitigation measures required to prevent, reduce and/or offset adverse environmental effects.
SEA Statements, however, should be kept as concise as possible.
What should you send to the Consultation Authorities?
7.3.6 Responsible Authorities are required to send the Consultation Authorities a copy of the adopted PPS and the SEA Statement as soon as is reasonably practicable after adoption of the PPS.
7.3.7 The Consultation Authorities have expressed a preference for both electronic and hard copies, especially if the adopted PPS contains maps or complex illustrations. If hard copies are to be issued to the Consultation Authorities the Responsible Authority should confirm contact details with the SEA Gateway.
Part 4 - Useful contacts for this stage
Where do you submit reports to?
7.4.1 The Act states that Responsible Authorities must submit the relevant documents to the Consultation Authorities as well as making them available through websites and at the authority's offices. In practice, and to ease administration, Responsible Authorities are asked to submit SEA Statements and the adopted PPS via the Scottish Executive SEA Gateway.
Address
SEA Gateway,
Area 1-H (Bridge),
Victoria Quay,
Edinburgh,
EH6 6QQ
email - SEA.Gateway@scotland.gsi.gov.uk
Telephone 0131 244 5094
7.4.2 The Consultation Authorities have produced an Information Note for SEA practitioners, which provides advice about the role of the Consultation Authorities and the type of information Responsible Authorities should provide at this stage.
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