Environmental Impact Assessment and Noise

1. Environmental Impact Assessment and Noise Dani Fiumicelli – Technical Director Acoustics, Noise & Vibration

2. EIA & Noise: Introduction • EIA is the evaluation of the possible significant positive or negative effects a proposed scheme may have on the environment. • The purpose of EIA is to ensure that the significant effects on the environment are taken into account when deciding whether to permit or authorise a scheme. • Where an EIA reveals that a project is unlikely to have an adverse impact on the environment, normally the project is permitted or authorised • Where the EIA reveals that a project is likely to have an adverse impact on the environment, it does not automatically follow that the project cannot be permitted or authorised – the adverse impacts need to be weighed against the scheme’s benefits. www.templegroup.co.uk

3. EIA & Noise: Introduction • EIA normally leads to the production of an Environmental Statement (ES), • An ES is a formal document drawing together, in a systematic way; • an assessment of the likely significant environmental effects from a proposed scheme; and, • a description of the measures that could be used to mitigate or restrict any significant adverse effects. www.templegroup.co.uk

4. EIA - Noise • IEMA has estimated that in 2010 there were over 500 ESs produced in the UK, and; • Noise was in joint first place as the most common topic reported in 92% of a sample of 100 of these Ess, along with ecology. • Because: • There are few developments which do not generate noise either during operation, construction or decommissioning, and; • Many developments in the UK tend to be located close to receptors which are sensitive to noise i.e. human beings. www.templegroup.co.uk

5. Environmental Impact Assessment (EIA) • EIA encountered in the UK is derived from European law in EU Directive 85/337 – “The EIA Directive” of 1985; • Since 1985 the EIA Directive has been amended four times, in 1997, 2003, 2009 and in 2014. • The initial Directive of 1985 and its four amendments are currently codified by Directive 2014/52/EU. • The EIA directives are transposed in to UK law via planning legislation passed by the relevant Governments and Devolved Administrations • The "EIA" Directive requires an environmental assessment for certain projects which are likely to have significant effects on the environment by virtue, amongst other things, of their nature, size or location; before development consent can be given. www.templegroup.co.uk

6. Changes in the 2014 EIA Directive • New environmental topics: including biodiversity, climate change, land, human health, and natural and man-made disaster risk . • More detailed screening procedures – effectively “mini EIA”. • Scoping remains voluntary, however if a Scoping Opinion is sought the EIA must be based on the Scoping Opinion issued by the LPA. • Requires more detailed analysis of reasonable alternatives considered by the developer. • EIA to be either undertaken or reviewed by accredited experts. • Mitigation taken into account in Screening must be incorporated into the scheme and included in conditions of Planning Permission • Monitoring requirements will apply for higher risk projects. • Specific time frames for key stages of the EIA process. www.templegroup.co.uk

7. Noise Effects Considered in ESs • The effects of noise on humans are usually the predominant consideration in assessing noise impacts, e.g: • Annoyance, • Speech interference, • Sleep disturbance, • Activity disruption, • Children’s cognitive development, • Direct health effects, • ESs should also consider noise effects on sensitive fauna. www.templegroup.co.uk

8. Stages in an EIA EIA Screening – is an ES required ? Scoping – What the ES will cover & how. ES – ID likely significant effects Decision • The EIA process has three key steps, as follows: • Screening - The developer can ask the decision maker to decide whether an EIA is required. • Scoping - This is a ‘narrowing’ process usually undertaken by the ‘assessment team’ to identify the key issues an ES needs to cover. • Environmental Statement (ES) - The ES describes the extent and magnitude of impacts and determines the significance of any resulting effects. www.templegroup.co.uk

9. Content of an ES • The ES must, as a minimum, provide the following information regarding the construction and operation of an EIA scheme: • A description of the project e.g. purpose, location, design and size; • The main alternatives considered by the developer and the main reasons for this choice; • Data required to assess the main effects of the project on the environment (and an appraisal of any limitations that may apply to the data or evaluation methods); • Possible measures to reduce significant adverse effects; • A non-technical summary of this information www.templegroup.co.uk

10. EIA Decision Making • All interested parties should be allowed to participate in the decision-making procedures and express their opinions, e.g. via public consultation. •  At the end of the procedure, the following information must be made available: • The decision to approve or reject the project and any conditions associated with it; • The principal arguments upon which the decision was based; • Information on any measures to reduce the adverse effects of the project (mitigation). • In accordance with national legislation, EU member states must ensure that the interested parties can challenge the decision regarding the proposed development in court. www.templegroup.co.uk

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12. Choosing Noise Assessment Methods • No single noise assessment method is appropriate for all noise sources and receptors in all circumstances; • Therefore, it is common that an ES covering a range of noise sources and receptors may rely on more than one of the above types of noise assessment. • Because: • Neither the EIA directive nor transposing regulations define “significance” or specify in detail how it shall be assessed; and, • Neither the EIA directive nor the regulations determine whether consent can or should be granted. Provided both clearly explain their reasons for such choices; • The assessor is free to choose noise assessment methods, and impact and effect evaluation criteria; and, • The Decision Maker is free to decide which they prefer; www.templegroup.co.uk

13. Noise Impacts and Noise Effects • The name of the EIA Directive and the EIA Regs imply assessment of impacts; but both actually require appraisal of the effects of noise. • Noise Impact: the noise level of the source under consideration, and/or any change in noise levels due to the scheme, and/or the relationship between the noise level of the source under consideration and a descriptor of the existing noise climate; at a receptor or in a group of receptors. • Noise Effect: the consequence of the noise impact e.g. annoyance, sleep disturbance, speech interference, health consequences, fauna displacement etc. • Noise impact and noise effect are clearly related; with the noise effect linked to the magnitude of the noise impact and the other factors that influence how the impact will affect the receptor e.g. sensitivity of the receptor, duration, and timing etc. www.templegroup.co.uk

14. EXAMPLE www.templegroup.co.uk

15. Significance of the Effect of Noise – Quantitative Factors, e.g. • The effect being considered and relevant sound level threshold /trigger values. • The averaging time period of any noise measurements – will too long a time averaging period obscure short term significant effects? • The spectral characteristics of the noise – are there tones? or is low frequency noise dominant? • The influence of the noise indicator used – e.g. assessing short–term noise events using the LA90,t is probably not as good as using the LAeq,tor Lmax,t. • The existing noise level i.e. will a benchmark of effect be exceeded? or is a bench mark of effect already exceeded? www.templegroup.co.uk

16. Significance of the Effect of Noise – Qualitative Factors, e.g. • Sensitivity of receptor (high, medium or low). • Frequency of occurrence – noise that occurs frequently will probably have a more significant effect than noise that occurs less frequently. • Duration of impact (short, medium or long term). • Permanent or Temporary/Reversible impacts. • Timing of impact (day, evening, night or 24 Hr). • The nature & character of locality e.g. Urban, suburban, rural, tranquil and END quiet areas. www.templegroup.co.uk

17. Noise - EIA EXAMPLE Example of Magnitude of Impact and Significance of Effect Evaluation Criteria for Noise. www.templegroup.co.uk

18. Health Warning! • The methods and criteria used in an ES should be based on a thorough understanding of the project, its context and the potential effects. This should involve: • understanding the proposed development and identifying the potential sources of noise and the associated effects; • understanding the nature and character of the prevailing noise environment; • identifying all the new noise sources throughout its construction and operation; • understanding the nature of the new noise sources that will arise from the proposal, including such features as tonal characteristics, intermittency, duration and timing (diurnally and seasonally); • identifying potential sensitive receptors, and; • understanding the policy context of the proposal, including central and local government policy, and relevant international and national guidelines, British Standards etc. www.templegroup.co.uk

19. Conclusions • EIA aims to ensure that the decision maker has knowledge of the likely significant effects of the scheme on the environment. • Environmental Statements (ESs), draw together, in a systematic way, an assessment of a project's likely significant environmental effects. • There are three fundamental means of assessing noise impacts, each suited to a range of noise sources and circumstances. • Consequently, each scheme needs to carefully consider and justify how it approaches the assessment of noise impacts as there is no “one size” fits all assessment method or set of evaluation criteria suitable for use in all circumstances for all noise sources. • Noise impacts and effects can be regarded as separate concepts; noise impacts reflect the intensity or change in noise levels due to the scheme; whilst noise effects reflect the consequences of the noise impacts. • An ES noise and vibration chapter should justify the methods and evaluation criteria used in regard to the noise and vibration sources and the circumstances of the scheme under consideration. www.templegroup.co.uk

20. Environmental Impact Assessment and Noise Qs