Strategic Environmental Assessment (SEA) in Ireland: Ensuring Sustainable Planning

What is a Strategic Environmental Assessment (SEA) in Ireland?

Strategic Environmental Assessment (SEA) is a formal, systematic process used to evaluate the likely significant environmental effects of implementing certain plans or programmes before a decision is made to adopt them. SEA aims to protect the environment at a high level and to integrate environmental considerations into the preparation and adoption of plans, promoting sustainable development.

The Importance of Strategic Environmental Assessment in Addressing Climate Change

Strategic Environmental Assessment plays a crucial role in Ireland’s response to climate change. By incorporating environmental considerations early in the planning process, SEA helps identify potential impacts on greenhouse gas emissions, climate resilience, and natural carbon sinks such as forests and wetlands. This foresight supports the development of plans that align with Ireland’s climate targets and commitments under international agreements such as the Paris Agreement.

SEA can help ensure that development projects and policies do not inadvertently increase vulnerability to climate risks such as flooding, drought, or coastal erosion. By integrating climate adaptation and mitigation measures into strategic plans, SEA contributes to building more resilient communities and ecosystems.

Legal Framework for SEA in Ireland

SEA is required under European Directive 2001/42/EC (the SEA Directive). This Directive has been transposed into Irish law through two main statutory instruments:

• S.I. No. 436 of 2004, as amended by S.I. No. 201 of 2011, applies to a specific range of land-use plans.
• S.I. No. 435 of 2004, as amended by S.I. No. 200 of 2011, applies to all other plans and programmes, including other land-use plans not covered by S.I. 436 of 2004.

SEA is undertaken by a wide range of public authorities responsible for preparing these plans and programmes.

The Process of Obtaining a Strategic Environmental Assessment (SEA) in Ireland

The process of obtaining an SEA is a structured, legally required series of steps that public authorities must follow when preparing certain plans or programmes. The purpose is to systematically evaluate potential environmental impacts before a plan or programme is formally adopted.

1. Screening

The SEA process begins with screening, where the public authority assesses whether the plan or programme is likely to have significant environmental effects. This step determines if a full SEA is required.

• Screening includes an evaluation of the nature, size, and location of the plan.
• During this stage, relevant environmental authorities must be notified and invited to provide observations.
• The authority issues a formal screening determination, which states whether or not SEA is needed.

2. Scoping

If a full SEA is required, the next step is scoping.

• Scoping identifies the key environmental issues and the level of detail to be included in the Environmental Report.
• Environmental authorities are consulted to help define the scope, ensuring all relevant factors such as biodiversity, water, air quality, heritage, and climate considerations are addressed.
• The scoping stage guides the assessment process and ensures that resources are focused on significant impacts.

3. Preparation of the Environmental Report

An Environmental Report is then prepared alongside the draft plan or programme.

• This report systematically evaluates the likely significant environmental effects of the proposed plan.
• It includes baseline environmental data, predicted impacts, mitigation measures, and alternatives considered.
• The Environmental Report must be comprehensive and based on scientific evidence and best available information.

4. Public Consultation

Once the draft plan and Environmental Report are published, a public consultation period takes place.

• The public and environmental authorities are invited to review and provide submissions or observations.
• This consultation enhances transparency and allows stakeholders to contribute local knowledge or concerns.
• Authorities must consider all feedback in the final decision-making process.

5. Decision and SEA Statement

Following consultation, the plan or programme is adopted, accompanied by an SEA Statement.

• The SEA Statement explains how environmental considerations and consultation feedback influenced the final plan.
• It details any changes made to mitigate environmental effects and outlines monitoring arrangements, if relevant.
• The SEA Statement is sent to environmental authorities and made available to the public.

6. Post-Adoption Monitoring (Where Applicable)

While not always mandatory, monitoring the environmental effects of the plan’s implementation is encouraged to identify unforeseen impacts.

• Monitoring helps ensure that mitigation measures are effective.
• It supports adaptive management, enabling adjustments to future plans or programmes if needed.

This process ensures that environmental protection is embedded into strategic decision-making, supporting sustainable development goals in Ireland. Each step involves consultation and transparency to balance development needs with environmental stewardship.

Role of the Public and Environmental Authorities in SEA

During the SEA process, specific “environmental authorities” must be consulted at various stages, including:

• Screening stage: Authorities are notified and invited to comment on whether a plan or programme is likely to have significant environmental effects.
• Determination of screening outcome: Authorities are informed of the screening decision.
• Scoping stage: Authorities are consulted on the scope and level of detail of the Environmental Report.
• Draft plan publication: When the draft plan and Environmental Report are published, authorities and the public are invited to make submissions or observations.
• Post-adoption: After a plan is adopted, the “SEA Statement” must be sent to environmental authorities.

Environmental Authorities to be Consulted

The environmental authorities vary depending on the statutory instrument under which the SEA is conducted:

• Under S.I. No. 435 of 2004 (for most sectoral plans):
  • Environmental Protection Agency (EPA) – always consulted
  • Development Applications Unit, Minister for Housing, Local Government and Heritage – if significant effects on architectural, archaeological heritage, or nature conservation
  • Minister for Agriculture, Food and the Marine and Minister for Environment, Climate and Communications – if significant effects on fisheries or marine environment
• Under S.I. No. 436 of 2004 (for certain land-use plans):
  • EPA – always consulted
  • Minister for Housing, Local Government and Heritage – always consulted
  • Development Applications Unit, Minister for Housing, Local Government and Heritage – if significant effects on heritage or conservation
  • Minister for Agriculture, Food and the Marine and Minister for Environment, Climate and Communications – if significant effects on sea fisheries or marine environment
  • Any adjoining planning authority contiguous to the plan area

Contact Details for Environmental Authorities

(As of 12 September 2022, contact details for relevant environmental authorities are publicly available for consultation purposes.)

SEA is a statutory process designed to ensure that environmental factors are properly considered and integrated into the preparation and adoption of certain plans and programmes in Ireland. It requires public authorities to consult environmental authorities and the public at prescribed stages, with the overall aim of promoting sustainable development while safeguarding the environment.