This online event enabled Natural England to outline the newly published guidance by Natural England on air pollution and development. This standing advice guidance replaces the existing consultation arrangements with Natural England on certain types of development proposals.
The event covered the following topics:
- The legal framework and legal duty to ensure protected sites are not negatively impacted by development
- Why Natural England is changing the way it responds to consultations relating to air quality
- Details of the standing advice
- A step-by-step guide in using the standing advice
- Advice provided for Local Plans and NCIPs
Chair: Peter Ford, PAS
Speakers: Rob Cameron, Sarah Fraser and Marian Ashdown - Natural England
You can view a recording of the presentations and download the slides here:
Outlined below are responses to the questions raised at the webinar
QUESTION: Does the standing advice align with the Institute of Air Quality Management (IAQM) ‘A guide to the assessment of air quality impacts on designated nature conservation sites’ (June 2019) and Chartered Institute of Ecology and Environment Management (CIEEM) ‘Advisory Note: Ecological Assessment of Air Quality Impacts’ (Jan 2021) publications?
ANSWER: Following the webinar and a further review of the IAQM and CIEEM air quality guidance, we can now confirm that the Natural England air quality standing advice fully aligns with both the IAQM and CIEEM air quality guidance in terms of the assessment process, aims, objectives and scope (taking into account that the Natural England standing advice is not guidance and so covers a narrower scope).
QUESTION: Regarding the judgement on the Shropshire case, what level of depth & how far along the chain of use does Natural England want councils to go on the by products of the operation being approved?
ANSWER: As discussed on the webinar, where this refers to recent case law, we recommend that decision-makers seek their own legal advice on this matter.
QUESTION: Can these SCAIL (Simple Calculation of Atmospheric Impact Limits) assessments (and other technical assessments) be front loaded onto applicants via say, the planning portal and/or via validation requirements? Has any such discussion taken place with HM GOV? Some Local Planning Authorities (LPAs) will also have nutrient and bat screening on top of all this.
ANSWER: It is up to LPAs to decide whether the information could be captured into a validation requirement to front load the requirements of the assessment. This could be set out by LPAs as information required to accompany the application as specified by the local planning authority on their local list of information requirements. LPAs can point applicants to the standing advice, so they are clear what information they need to provide to LPAs to undertake a Habitats Regulations Assessment (HRA).
Natural England has not had discussions with government on this issue yet. However, if there was sufficient support for such an approach it is something we could discuss in the future.
QUESTION: Should LPAs still consult Natural England as usual when Impact Risk Zones (IRZs) are triggered, and then again on their Appropriate Assessment? But not if they can screen out impacts on protected sites following this advice?
ANSWER - taken from lines to take (LTT): Yes. You should continue to use the Sites of Special Scientific Interest (SSSI) IRZs tool to determine when to consult Natural England on planning applications that might affect terrestrial SSSIs and the habitats sites they underpin.
If a proposal has potential air quality impacts, Natural England’s consultation response might refer you to the standing advice available on GOV.UK. This advice provides the necessary guidance to screen development proposals for air pollution impacts, carry out detailed air quality assessments, and make informed planning decisions.
The SSSI IRZs tool, developed by Natural England, is a GIS-based resource that helps LPAs identify whether a proposed development is likely to affect a terrestrial SSSI and whether consultation with Natural England is required. It highlights the types of development proposals that could have adverse impacts and, in some areas, includes Natural England’s statutory advice for specific development types.
LPAs can access the SSSI IRZs tool via the MAGIC website or the Natural England Open Data Geoportal.
You should continue to use SSSI IRZs to determine when to consult Natural England because developments covered by the air quality standing advice might have other environmental impacts, such as habitat loss, water pollution, or effects on water supply.
On consultation, a Natural England officer will assess the proposal and provide bespoke advice for other environmental impacts not covered by the standing advice, where relevant.
Natural England may provide bespoke advice on HRAs for planning applications in exceptional circumstances. For example, where LPAs have used the standing advice but cannot come to a conclusion on whether there is an adverse effect because the case is very complex and sufficient detail isn’t provided by the standing advice
QUESTION: If Natural England only focuses on important applications and does not respond to all consultations, how can we comply with Habitats Regulations without their final sign-off on the Appropriate Assessment?
ANSWER: Natural England has written the standing advice to provide LPAs with sufficient details to enable compliance with the Habitats Regulations. This is our upfront advice which sets out the steps and considerations you should take into account when deciding whether the development will have a likely significant effect or an adverse effect on a protected site.
QUESTION: Does the standing advice extend to cover impacts on ancient woodlands?
ANSWER: The standing advice covers impacts on protected sites; these are habitats sites (also known as European Sites) and SSSIs. Where ancient woodland is an interest feature of a protected site, the standing advice covers this. For ancient woodland outside of designated sites, Natural England does not currently comment on air quality as part of planning responses as standing advice on ancient woodland currently exists.
As part of LPAs' responsibilities to consider impacts on ancient woodland, LPAs may choose to use the information in the air quality standing advice to assist should they wish.
QUESTION: Can you send a link for other standard advice that you refer to? I have the standing advice link.
ANSWER: Standard advice for Local Plans and NSIPs is not hosted on Gov.UK so there is no separate link for this. It is provided as part of responses to consultations on Local Plans and NSIPs.
QUESTION: What specialist skills are needed to assess applicant proposals assessment? What support is on offer should the LPA need to interpret applicant reports?
ANSWER: As a competent authority under the Habitats Regulations LPAs should have an understanding of the Habitats Regulations and how to apply them to assessments produced by applicants. An understanding of air pollution and its impacts is helpful. There are guidance documents which have been published to guide decision makers through the process including:
IAQM Guide to the assessment of air quality impacts on designated nature conservation sites
Design Manual for Roads and Bridges (DMRB)