Decision details

After carrying out a public hearing in February 2024, the independent examiner for the Elmstead Neighbourhood Plan identified the following issue:
A Strategic Environmental Assessment (SEA) and Habitats Regulation Assessment (HRA) Screening Report was produced by Place Services and is dated January 2022. Whilst the report was consulted upon in general terms, alongside the emerging Neighbourhood Plan in general terms at Regulation 14 and 16 stages of the plan-making process, Regulation 9 of the Environmental Assessment of Plans and Programmes Regulations 2004 require, specifically, that the screening report is sent to statutory consultees for their comments.
To ensure compliance with this requirement, Tendring District Council wrote to the three statutory bodies (the Environment Agency, Historic England, and Natural England) on 27 February 2024 and asked them two questions; if they agreed with the conclusions drawn from both the SEA and HRA sections of the Screening Report.
In brief the responses were:
On the basis of the information supplied, and in the context of the criteria set out in Schedule 1 of the Environmental Assessment Regulations [Annex II of ‘SEA’ Directive], Historic England concurs with the Council that the preparation of a Strategic Environmental Assessment is not required.
It is Natural England’s advice, on the basis of the material supplied with the consultation, that:
•significant effects on statutorily designated nature conservation sites or landscapes are unlikely; and,
•significant effects on Habitats sites1, either alone or in combination, are unlikely.
The Environment Agency stated: Thank you for consulting us on the SEA screening report for the Elmstead Neighbourhood Plan. We have reviewed the report and can confirm that we do not disagree with the conclusion reached within the report.
Conclusions
Subject to the findings of the Independent Examiner of the amended draft Elmstead Neighbourhood Plan, it is considered that this Screening Report (January 2022) and the consultation exercise already undertaken with the relevant consultation bodies now meets the requirements of the Regulations set out in regulations 9(2)(b) and 12(5) of the Environmental Assessment of Plans and Programmes Regulations 2004.

Option 1 - Confirm that subject to the findings of the Independent Examiner of the amended draft Elmstead Neighbourhood Plan, it is considered that this Screening Report (January 2022) and the consultation exercise already undertaken with the relevant consultation bodies now meets the requirements of the Regulations set out in regulations 9(2)(b) and 12(5) of the Environmental Assessment of Plans and Programmes Regulations 2004.

Option 1 - Confirm that subject to the findings of the Independent Examiner of the amended draft Elmstead Neighbourhood Plan, it is considered that this Screening Report (January 2022) and the consultation exercise already undertaken with the relevant consultation bodies now meets the requirements of the Regulations set out in regulations 9(2)(b) and 12(5) of the Environmental Assessment of Plans and Programmes Regulations 2004.
Option 2 - No not confirm the above.