ES addendums: need and approach

19th May 2016

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  • Business & Industry ,
  • Built environment ,
  • Planning ,
  • Management


Ellie Walshe

Kate McGill, associate director at Nathaniel Lichfield and partners focusses on the requirement for, and an approach to preparing, an ES addendum.

When are ES addendums required?

Despite the best laid plans and good practice when preparing an Environmental Statement (ES), there are inevitably situations where it is necessary to prepare an ES Addendum (ESA), sometimes referred to as a Further Environmental Information Report or Supplementary ES.

According to the EIA regulations, when a planning authority, secretary of state or inspector dealing with an application or appeal believes that there is a need for extra information in an environmental statement, they need to notify the applicant or appellant in writing. The requirements for advertising the submission of new information and consultation are also set out in the regulations. However, they do not clarify the format for the further information.

Applicants can also make the decision to submit further information, referred to in the regulations as ‘any other information’. This information is subject to the same advertising and consultation requirements as the further information.

In NLP’s experience the requirement for an ESA often arises during the determination of a planning application or when submitting a section 73 application and often is volunteered rather than being submitted as a result of a request from the decision maker. In the first case, the requirement for further information during the application process generally arises when changes are made to the development proposals in terms of mix of uses or design and this is much more likely to occur when the application has been pending determination for some time. These amendments can be required as a result of:

  1. significant changes to the baseline conditions, including the publication of new data or a new model and the submission of planning applications, considered to be important in terms of cumulative effects;
  2. statutory consultee feedback; and
  3. amendments to the commercial strategy to respond to changes in the market, which can in turn have an impact on the mix of uses or design of the scheme.

Where possible NLP would always try and avoid the need to prepare an ESA during the course of a planning application’s determination. This is best done through undertaking a thorough and robust scoping process with the council, making sure relevant statutory consultees are fully engaged with the process. However, in relation to the first and third circumstances these changes are often unforeseen and cannot be planned for.

In terms of the submission of an ESA with a section 73 application, the key issue is generally determining whether any form of ES is required, depending on the nature of the application; and, where some form of ES is required, establishing whether a new ES should be submitted or whether an ESA will suffice. Consultation with the LPA and key stakeholders is important before making this decision and can save time and limit abortive or unnecessary work.

Approach to producing a robust ES addendum

There are no requirements within the EIA regulations as to the format and content of an ESA, however the following guidelines can assist in preparing an ESA:

  1. Where an ESA is being provided voluntarily as ‘any other information’, clearly explain to the council and key statutory consultees the reasons for providing additional information and informally consult on the scope of the additional information. Ensure that the advertising and consultation procedures outlined under the regulations are adhered to.
  2. Where an ESA is being submitted as a result of a request for further information, where necessary clarify the scope of the request and the ESA and ensure that all parties agree on the scope of FI required;
  3. The ESA should follow a similar format as the original ES.
  4. The main statement should clearly define what FI is being provided and why. It should be clear to the reader why some topic areas have effectively been ‘scoped out’ of the ESA. The reader needs to be clear that the ESA should be read alongside the original ES;
  5. The ‘updated non-technical summary’, a document aimed at members of the public, is often easiest to read where it provides a summary of both the ES and ESA.


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