“Speculative Developments” in the context of non-material planning considerations generally means that concerns or objections about potential future developments that are not part of the current planning application are not taken into account.
This does not imply that developers are allowed to withhold information about their plans. Instead, it means that each planning application is considered on its own merits, based on the details provided for that specific proposal.
However, planning regulations often require developers to provide comprehensive information about the phases of a large development project if it is intended to be built in stages. For phased developments, developers typically need to submit a master plan outlining the entire project, even if detailed applications for later phases will be submitted separately.
Here are a few key points regarding phased or large-scale developments:
- Master Plans: For large, phased developments, a master plan might be required, outlining the overall vision and structure of the entire project, even if only one phase is being submitted for approval at a time.
- Transparency and Disclosure: Developers are generally required to disclose enough information about their proposals to allow a proper assessment. This includes the broader context if the application is part of a larger scheme.
- Conditions and Phasing Plans: Planning permissions can include conditions requiring developers to submit detailed phasing plans or additional details about future phases before they can proceed with those phases.
- Public Consultation: Large-scale or phased developments often undergo extensive public consultation processes, during which developers are expected to disclose their overall plans to the community.
While concerns about speculative future developments that are not part of the current application cannot be considered, this does not absolve developers from the requirement to provide clear and comprehensive information about the specific proposal under consideration.
Planning authorities focus on the details of the submitted application, ensuring that each phase or part of the development is evaluated based on current, concrete plans rather than speculative future intentions.
Speculative developments are generally not considered when assessing risk for a screening Environmental Impact Assessment (EIA). The screening process for an EIA focuses on the specific details of the proposed development as submitted in the application. Here’s an overview of how this works:
- Specific Project Focus: The screening EIA assesses the environmental impacts based on the details provided in the current planning application. It does not consider potential future developments that have not been formally proposed or detailed in the application.
- Material Considerations: The EIA process considers material factors such as the size and nature of the development, its potential environmental impacts (e.g., on air and water quality, biodiversity, noise levels), and compliance with relevant environmental regulations and guidelines.
- Cumulative Effects: While speculative developments themselves are not considered, the EIA process may take into account the cumulative effects of the proposed development in conjunction with existing developments and any planned projects that have been formally proposed and are under consideration. This helps assess the overall impact on the environment more comprehensively.
- Transparency and Disclosure: Developers are required to provide sufficient information about their proposed project to allow a thorough assessment of environmental risks. This includes disclosing all relevant aspects of the current project phase but does not necessitate disclosure of future phases unless they are part of the current application.
In summary, while speculative future developments are not included in the EIA screening process, the cumulative effects of known and planned projects may be considered to ensure a comprehensive environmental assessment.
The planning and EIA processes include several mechanisms to prevent piecemeal developments and avoid the avoidance of a full Environmental Impact Assessment (EIA):
- Cumulative Impact Assessment: Planning authorities often require developers to assess the cumulative impact of their projects. This means evaluating not only the specific development being proposed but also its combined impact with other existing or reasonably foreseeable developments. This helps prevent the fragmentation of large projects into smaller ones to avoid a full EIA.
- Screening and Scoping Procedures: During the EIA screening process, planning authorities assess whether a full EIA is needed based on the potential environmental impact of the project. If there are concerns that a project is being segmented to evade comprehensive review, the authority can consider the broader context and potential cumulative impacts.
- Master Plans and Phasing Plans: For large or phased developments, developers are often required to submit a master plan or phasing plan. This outlines the overall vision and structure of the entire project, even if only part of it is being applied for initially. This ensures transparency and helps the planning authority assess the full impact of the development over time.
- Planning Conditions: Planning authorities can impose conditions on approvals that require developers to provide additional information or conduct further environmental assessments as future phases of the project are proposed. This ensures ongoing scrutiny of the development’s impact.
- Public Consultation and Transparency: Public consultation processes allow community members and stakeholders to raise concerns about potential piecemeal developments. Transparent disclosure of development plans ensures that any attempt to segment a project is visible and can be challenged.
- Regulatory Oversight: Planning authorities and environmental regulators have the authority to enforce EIA regulations and can require a full EIA if there is evidence that a developer is attempting to circumvent the process through piecemeal applications.
By implementing these mechanisms, planning authorities work to ensure that the environmental impact of a development is fully assessed, preventing developers from avoiding comprehensive scrutiny through segmentation of their projects.