Screening opinion - December 2021
Town and Country Planning Act 1990 - Town and Country Planning (Environmental Impact Assessment) Regulations 2017
Within areas defined on attached plan within and near to Leeds city centre
| Development Description: | Provision of district heating network comprising pipes, cables & wires, heat exchange equipment, street furniture, informational signage and ancillary engineering works
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| Address: | Within areas defined on attached plan within and near to Leeds city centre |
| Reference: | LDO 3 Renewal |
In accordance with Regulation 32(2) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 ('the Regulations'), the Local Planning Authority is required to issue a Screening Opinion in respect of the proposed renewal of the local development order. In the opinion of the Local Planning Authority, the proposed scope of the local development order does not constitute Schedule 1 development. However, in the opinion of the Local Planning Authority, the proposed renewal of the local development order (LDO) does have the potential to constitute Schedule 2 development by virtue of it being classed under Part 10 (Infrastructure Projects) and Part 3(a) (Energy Industry) which refers to a threshold of 1 hectare for industrial installations for carrying hot water or steam.
The proposal will constitute 'EIA Development' for the purposes of the Regulations if it is likely to have significant effects on the environment. This Screening Opinion considers whether the proposal is likely to have significant effects on the environment, taking into account the selection criteria for screening Schedule 2 development as set out in Schedule 3 to the Regulations.
In addition, this Screening Opinion considers the proposal against the indicative screening threshold at paragraph 057 in the Annex of the Environmental Impact Assessment section of the Planning Practice Guidance.
Sensitive Area
Defined as:- (a) SSSI; (b) National Park; (c) the Broads; (d) World Heritage Site; (e) Scheduled Monument(s); (f) Area of Outstanding Natural Beauty
Is the development within, partly within, or near a 'sensitive area' as defined by Regulation 2 of the EIA Regulations? No
Characteristics of the Development
The characteristics of development must be considered with particular regard to:- (a) size and design of the whole development; (b) cumulation with other development; (c) use of natural resources; (d) production of waste; (e) pollution and nuisances; (f) risk of accidents; (g) risk to human health.
Schedule 3 of the EIA Regulations advises that when considering the characteristics of the development, regard should be had to its size, cumulative impact with other development's use of natural resources, waste production, pollution and nuisances, the risk of accidents from substances or technologies employed and the risk to human health.
The proposed LDO covers a large area of around 1,045 hectares in the vicinity of Leeds city centre. The areas covered are restricted to land within the adopted public highway, council controlled land and other large institutions (e.g. hospital and university). The total length of public highway proposed to be incorporated within the LDO calculates at 1,914 km. The development to be permitted by the LDO is relatively minor in nature and subject to a series of criteria which, amongst other things, limit the scale of development that can take place. Consequently, although the development permitted by the LDO would result in physical changes to the site, these changes would occur in a localised, phased manner and would not be out of scale with the surrounding environment due to the built up nature of the existing area.
It is envisaged that the proposed district heating pipes to be used within the network would be in the order of 400mm in diameter (or less). It is probable that two pipes (flow and return) would be laid adjacent to each other, within a trench of up to 2m in depth and 1.9m in width, with the same trench used to install fibre optic cables. In some cases, empty ducts will also be installed to allow communications cables to be laid by others in future with minimal disruption. In some cases, a separate private power wire would also be laid adjacent to the district heating pipes. This would require a trench of dimension approximately 1m in depth and 0.5m in width.
The construction of development permitted by the LDO would inevitably lead to the use of natural resources and the generation of waste. The operations would also result in energy consumption. However, as noted above, the development permitted by the LDO is relatively modest in scale, despite the LDO itself covering a large area. As a result, the volumes of waste that would be generated and the amount of natural resources that would be used are not considered to be significant in EIA terms. The implementation of the district heating network since 2016 has resulted in a more sustainable use of natural resources than prior to the LDO's implementation, particularly reductions in carbon emissions and air pollution, and it is likely that that will continue with the renewal of the LDO until 2025.
The construction and operation of the proposed development to be permitted by the LDO has the potential to create some nuisance through, for example, the generation of noise associated with the operation of machinery. However, the extent of the impact will be restricted to the local area within the phase of the network being developed and the LDO includes appropriate conditions to control potential nuisances associated with the construction and operation of the development permitted. Furthermore, these environmental effects would not be sufficiently unusual, complex or out of keeping with the surrounding area to warrant an EIA and the nature of the impact is not considered to be such that a large change in environmental conditions would result.
As with the previously adopted LDO, it is proposed that the renewal of the LDO would incorporate conditions to ensure that any reinstatement works utilise acceptable materials to prevent the contamination of land from the works. It is also considered unlikely that the development proposed would result in a risk of accidents or pose a risk to human health.
It is therefore considered that the characteristics of the development proposed to be permitted would not result in significant environmental effects that would warrant the submission of an Environmental Impact Assessment.
Location of Development
The environmental sensitivity of geographical areas likely to be affected by development must be considered, with particular regard to:- (a) existing and approved land use; (b) relative abundance, availability, quality and regeneration capacity of the natural resources in the area; (c) absorption capacity of the natural environment
Schedule 3 of the EIA Regulations advises that when considering whether a proposal that falls within Schedule 2 would constitute EIA development, regard should be had to the environmental sensitivity of the geographic areas likely to be affected taking into consideration the existing land use, the regenerative capacity of natural resources and the absorption ability of the natural environment.
The area proposed to be covered by the LDO is land in the vicinity of Leeds city centre and principally comprises the adopted public highway, council controlled land and other large institutions (e.g. hospital and university).
The LDO accords and assists with the implementation of local plan policies related to climate change, distribution of low carbon energy and provision of a district heating network.
The area concerned is not within close proximity of a Site of Special Scientific Interest (SSSI), scheduled ancient monument, World Heritage Site, Area of Outstanding Natural Beauty or any other sensitive area as defined by paragraph 2 of the Regulations. The proposed renewal of the LDO specifically excludes any works within the curtilage of Listed Buildings or Scheduled Ancient Monuments and their settings. It also excludes any above ground development on land adjacent to such assets and their settings. In addition, the LDO contains conditions related to tree protection and biodiversity.
Accordingly, it is considered unlikely that the development of such a network in the area concerned would have a significant adverse environmental impact.
Types and Characteristics of Potential Impact
The likely significant effects of the development on the environment must be considered in relation to criteria set out in paragraphs 1 and 2 above, with regard to the impact of the development on the factors specified in regulation 4(2), taking into account:- (a) magnitude and spatial extent of the impact; (b) nature of the impact; (c) trans-boundary nature of impact; (d) intensity and complexity of the impact; (e) probability of the impact; (f) expected onset duration, frequency, and reversibility of the impact; (g) cumulation of the impact; (h) possibility of effectively reducing the impact.
Schedule 3 requires that when screening Schedule 2 development, the potential significant effects of development must be considered in relation to the characteristics and location of the development. It advises that particular regard must be had to the extent of the impact; the trans-frontier nature of the impact; the magnitude and complexity of the impact; the probability of the impact; and the duration, frequency and reversibility of the impact.
The proposed works have the potential to cause harm and disturbance by way of additional traffic generation, dust, vibration and noise. To minimise the potential for disturbance, it is proposed to include a condition within the LDO requiring hours of working, methods to minimise dust and mud to be submitted to the Local Planning Authority prior to works commencing in each phase.
However, considering the general nature of the area concerned and the fact that only an extremely small proportion (approximately 100m) of the area would be subject to such works at any one point in time, the proposed development would not be likely to result in significant environmental impacts.
In summary, the potential impacts of the LDO relate principally to the effect of the development on the amenity of residential properties through nuisances such as noise and dust and traffic generation. Nevertheless, taking into account the scale of development that would be permitted by the LDO, it is considered that there is a low probability that any effects in relation to these issues would be significant in EIA terms. In addition, the main impacts would only occur during the construction period of the development and would therefore be temporary in nature. The LDO also incorporates sufficient conditions to mitigate any such potential impacts. The extent of any impact is likely to be localised and for a short duration. Potential impacts would neither be trans-boundary nor overly complex. It is not considered likely that significant environmental effects (either individually or cumulatively) would arise from the proposed development.
None of the area concerned is deemed 'sensitive'. The LDO area is not therefore considered to be environmentally sensitive or significantly vulnerable.
Conclusion
The proposal constitutes 'Schedule 2 Development' for the purposes of the Regulations and therefore requires screening pursuant to Regulation 32(2).
However, the Local Planning Authority considers that the proposal is not likely to have significant effects on the environment and therefore that the submission of an Environmental Statement is not required in this instance, having considered the proposal, the information above, the Regulations and the Planning Practice Guidance.
Please note that the opinion on the likelihood of the proposed development having significant environmental effects is reached only for the purpose of this Screening Opinion.
