Strategic Environmental Assessment
This guidance refers to the EC Directive 2001/42 on the assessment of the effects of certain plans and programmes on the environment. This Directive requires preparation of Strategic Environmental Assessment for certain plans and programmes, and is generally known as the SEA Directive.
Guidance from the Department for Communities and Local Government (DCLG) has clarified what the Directive means by an 'administrative provision'. In writing this guidance, we have given careful consideration to the latest advice from DCLG, and have taken legal advice on the application of the Directive to flood management plans and programmes. You should note that, in some respects, this guidance differs from previous Defra advice, which should now be discarded.
Guidance to Operating Authorities on the Application of Strategic Environmental Assessment to Flood Management Plans and Programmes
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Shoreline Management Plans (SMPs), Catchment Flood Management Plans (CFMPs) and Strategies
Our view is that SMPs, CFMPs and Strategies, by which we mean any documented plan for medium to long-term river or coastal management, are not required by administrative provisions, as defined by ODPM. There is, therefore, no legal requirement to apply the Directive to these plans. However, SMPs, CFMPs and Strategies clearly help to set the framework for future planning, have significant environmental implications, and require extensive consultation. We believe, therefore, that adopting an SEA approach is appropriate. Furthermore, whilst these plans are not specifically required by Defra, we do strongly encourage their production to allow a strategic approach. We are, therefore, strongly encouraging the operating authorities to undertake SEA for these plans.
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Coastal Habitat Management Plans (CHaMPs)
It is our opinion that SEA is not legally required for CHaMPs, as they are technical documents produced to inform the SMP process, and do not themselves set a framework for future decisions. Production of a CHaMP does not include formal consultation, so it would be difficult to follow the SEA approach. Therefore, we do not recommend an SEA approach be followed in preparing these plans.
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Water Level Management Plans (WLMPs)
It is also our opinion that SEA is not required for WLMPs. We do not consider that they are required by administrative provisions. Furthermore, we believe that undertaking an SEA type approach would not be helpful for WLMPs, and we do not recommend an SEA type approach to be followed in preparing these plans. It is acknowledged, however, that environmental outcomes are critical to these plans, and we have already provided guidance on how these matters must be fully considered.
Page last
modified: 24 June 2008
Page published: 24 December 2002