By Neil Davidson
•
February 9, 2023
The government has published updates and more detail about environmental outcomes reporting in Part 5 of the latest Levelling-up and Regeneration Bill. Of interest to me is the possibility that EOR will replace and reform existing environmental assessment legislation relating to EIA and SEA (as well as presumably sustainability appraisal). I have skimmed through the Part 5 proposals and am under the clear impression that they appear to make much sense as a streamlining and progressive ambition. For anyone who feels sustainability appraisal is burdened by the challenge to reconcile environmental, social and economic outcomes, will be pleased to see (as am I) the emphasis on environmental protection. LURB clause 118(2)(a) includes a clear and simple definition about the environmental protection with which EOR will concern itself: 'protection of the natural environment, cultural heritage and the landscape from the effects of human activity'. For the sceptics, in respect of any future EOR regulations that may be prepared, and so possibly include revocation of some existing environmental assessment legislation, LURB clause 122 is reassuringly helpful: 'The Secretary of State may make EOR regulations only if satisfied that making the regulations will not result in environmental law providing an overall level of environmental protection that is less than that provided by environmental law at the time this Act is passed'. EORs are intended to apply to plans and projects alike. It is not yet clear as to when an EOR will be required, see LURB Clause 119(2). Presumably, some kind of screening process will be used. I will write more once I know more. In the meantime, I look forward to seeing what others think of the proposals. It is a humungous bill and has, no doubt, quite a way to go yet. For more information, please see: https://lnkd.in/eT8JT8w6