The Scottish Government

Name

Janice Long

Job title

Planning Policy Manager

Organisation

Midlothian Council

Address

Strategic Services, Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN

Telephone

0131 271 3461

Fax

0131 271 3537

Email

janice.long@midlothian.gov.uk

1 David Tyldesley and Associates

3 SEPA (Neil Deasley, Linda White)

4

5

6

Development Plans Development Management Development on the Ground Community Involvement

Title of entry

Strategic Environmental Assessment of the Replacement Midlothian Local Plan

Professional knowledge Innovation Management Sustainable development

Partnership Community interest Regeneration Customer satisfaction

The project relates to the Strategic Environmental Assessment ( SEA) process for the replacement Midlothian Local Plan ( MLP) (incorporating Shawfair LP also). Given statutory constraints on the timescale and scope for the Local Plans review, and the fact that SEA methodology was at a very early stage, Midlothian Council, in association with David Tyldesley & Associates, developed a pragmatic approach to the SEA requirements. A two-stage scoping exercise, supported by a Baseline Environmental Data Report, was agreed with the Consultation Authorities. An Interim Environmental Assessment ( IEA) was then prepared relating to the Preferred Development Strategy and was available for public scrutiny to help inform responses to the draft strategy. Finally, the Environmental Report ( ER) was prepared on the Finalised MLP and available for public scrutiny during the deposit period. All material, from scoping onwards, is available on-line. The ER has been well received by the Consultation Authorities.

The review of the Midlothian and Shawfair Local Plans commenced prior to the introduction of the Environmental Assessment of Plans & Programmes (Scotland) Regulations 2004. The review had an 18-month timescale to reach finalisation of the replacement MLP, imposed by the Scottish Ministers when approving the Edinburgh and the Lothians Structure Plan 2015 ( ELSP 2015). The Structure Plan itself had not been subject to SEA. These factors could have been cited in order to seek 'exemption' from the SEA requirements, reflecting the approach adopted by neighbouring councils. However Midlothian Council considered that there was still an opportunity for early and effective consultation and that applying the SEA requirements would bring rigour to the review process in terms of scrutinizing the environmental effects of the preferred strategy. The Council set about developing a methodology that was pragmatic and achievable given the constraints on timescale and staff.

To ensure that the replacement MLP satisfies the statutory SEA requirements and to reconcile these requirements with constraints imposed by the ELSP 2015; to develop an appropriate SEA methodology which would not significantly delay plan preparation and was achievable within reasonable cost parameters; and to add value to the Local Plan by assessing the significant environmental effects of its strategic objectives, policies and proposals and subjecting them to scrutiny by the Consultation Authorities and the public.

The Council consulted on all potential development sites suggested by developers/ landowners, and policy issues for review, in October to December 2004. It advised the public of the SEA requirements. The setting of SEA objectives and indicators, and policy gap analysis, began in early 2005 and initial site assessments were prepared. Scoping was progressed through June to September 2005 with the preparation of the Interim Environmental Assessment completed in October 2005 for public scrutiny at the same time as consultation on the Preferred Development Strategy (up to December 2005). The second stage assessment was completed May/June 2006 with public scrutiny coinciding with the deposit stage of the Finalised Local Plan (July/August 2006). In total, the SEA process lasted around 15 months, although monitoring and mitigation commitments are ongoing.

Using professional knowledge of policy implications and available guidance, SEA objectives and indicators were set and a policy gap analysis carried out. This material was included in the Scoping Report submitted to the SEA Gateway, along with a Baseline Environmental Data Report ( BEDR). At this stage, DTA were commissioned to work with Council staff. To address points raised by the Consultation Authorities ( CAs), a Supplement to the Scoping Report was prepared. An innovative approach was devised for converting the objectives to a methodology for assessing the strategy, policies and land allocations. Assessments were prepared for the preferred sites and 'reasonable alternatives'. DTA, using their professional knowledge, carried out the SEA on the main elements of change to current Local Plan policy, resulting in the Interim Environmental Assessment. This was available on the web site (dedicated Consultation Homepage) and subject to public scrutiny. Feedback from the CAs was carried forward into the second stage SEA relating to the Finalised MLP, including the strategic objectives, the final site selection, and the full suite of policies. The resultant Environmental Report was placed on the web site alongside the deposit version of the MLP.

The SEA Gateway and the CAs provided useful advice at key stages. They acknowledged the constraints on timescale, adapting their advice accordingly. They were supportive of good practice, eg the BEDR, and expressed satisfaction with the final ER and its predecessor IEA. Having completed the early stages, the Council brought DTA on board a) to develop a methodology that could be implemented timeously, freeing up Council staff to progress the MLP, and b) to demonstrate objectivity in the SEA conclusions. DTA were key to converting the Council's objectives and indicators into an assessment methodology that met with the CAs' approval. The Council managed the SEA process to coincide with the key stages of the Local Plans review; collaborated with the key partners; developed the initial stages of the process; prepared the BEDR and assessed the Local Plan land allocations.

The ER has met with approval from the CAs and has not attracted adverse comment from developers or the public during the MLP deposit period. SNH considers the ER to be a "very thorough and comprehensive document". Historic Scotland has welcomed the scope and layout of the assessment and is "content that our comments have been taken into account".SEPA stated that it "considers that the ER is very comprehensive, clear and concise and represents an adequate assessment of the potential significant environmental effects of the FMLP." The work on cumulative and synergistic effects is cited in the forthcoming Scottish Executive SEA Guidance (26 Sept) as an example of good practice.

The partnership approach between the Council, the consultant ( DTA) and the Consultation Authorities enabled the Council to use a combination of professional knowledge and innovation to develop a pragmatic SEA methodology. Through judicious management and mutual assistance, a difficult task has been completed to tight deadlines, satisfying both statutory planning and SEA requirements and incorporating early and effective consultation opportunities as required. This is one of the first completed appraisals for local plan purposes. The project demonstrates that the process can be accommodated within the modernising planning agenda without compromising the integrity of the SEA, and is an example of good practice to assist with capacity-building for SEA implementation both within this Council and across other Councils.

8 September 2006