The Landscape Institute (LI) has responded to the UK Government’s consultation paper setting out a framework for Environmental Outcomes Reports. This proposal seeks to replace the long-established, EU derived procedures for Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) plans and projects with the more recent state-centric Environmental Outcomes Reports system that is included in the Levelling Up and Regeneration Bill, currently passing through parliament.

By focusing on the national level, we acknowledge there are efforts to streamline regulatory processes with the opportunity afforded by Brexit. We welcome the Government’s commitment to retaining the value and rigour of environmental assessment and seeking better environmental outcomes.

In our response to the Government’s proposals, the Landscape Institute has expressed a number of concerns –

1. We strongly urged the Government to revise its definition of landscape. 
   
   The limited scope in which ‘landscape’ is defined is incorrect. Its current definition of landscape, as set out in DEFRA’s Environmental Improvement Plan (EIP), is wrong, being restricted to ‘designated landscapes’ such as National Parks (NPs), Areas of Outstanding Natural Beauty (AONBs), Sites of Special Scientific Interest (SSSIs), National Nature Reserves and proposed Landscape Recovery Areas.
   
   The Landscape Institute promotes the view that landscape is everywhere. Well-informed planning, design and management of the landscape embraces artificial as well as natural elements, reinforces people’s sense of place and improves quality of life, contributing to health and wellbeing, providing the setting for our heritage and for biodiversity and is a key factor in addressing climate change and supporting biodiversity.  Therefore, we wish to see a clear and broad definition of landscape in the Government’s proposals and for plans and projects to be assessed on the basis of their potential impacts due to their nature or scale rather than their proximity to areas that are already designated as protected.
   
   
2. We have concerns that proposing to replace the established legislation with new drafts, the body of case law, judgements and consequent guidance that has evolved over thirty years or more will be lost. This in turn may lead to uncertainty, legal challenge and associated costs in time and money. There will also be a potential lack of continuity when dealing with plans or projects that have international dimensions, including those relating to the devolved nations.
   
   
3. The LI recognises that there are some shortcomings and complexities in the present system of assessment and that outcomes are important. However, the LI is concerned that, in seeking to simplify the established processes that have evolved to deal with complex issues through expert advice and objective guidance, the outcomes that result may not be the ones that best protect our environment.
   
   
4. The Government’s EOR proposals refer to England only and further increase the disparities of equivalent assessment standards in Northern Ireland, Scotland and Wales. This adds another level of complexity for developers and decision-makers. There is clearly merit in opening or extending the conversation with administrations in the devolved nations. This would be of particular relevance when dealing with plans or projects with cross-boundary implications.
   
   
5. The consultation document clearly states the proposed EOR system will ‘replace’ both EIA and SEA. However, it is not clear whether the Government intends to scrap the existing requirement for EIA and SEA completely. Development proposals will still need to retain and include some level of assessment.

We urged the Government to think again. Any new system needs to protect, conserve and enhance the natural and built environment for public benefit. Accordingly, we feel the new EOR system would hugely benefit from the some of the existing positive and valued aspects of the existing environmental assessment processes.

We stand ready to assist the Government in getting it right for people, communities and the environment.