South Lanarkshire Council’s Strategic Housing Investment Plan (SHIP) and Strategic Environmental Assessment (SEA) obligations: FOI release

Information requested

1. SEA requirements for SHIP

Is a Strategic Housing Investment Plan (SHIP) considered a qualifying plan under the Environmental Assessment (Scotland) Act 2005, particularly when it introduces new land-use proposals not previously assessed in the LHS SEA?

2. Public Rights and Remedies 

What recourse does a member of the public have if a SHIP is adopted without any SEA screening or assessment, and the plan materially affects the environment?

3. Testing SHIP Sites Against LHS SEA Indicators

If the SHIP is subordinate to the LHS, how should the Council ensure that proposed development sites in the SHIP are tested against the SEA assessment criteria and environmental indicators established in the LHS?

4. Legal Challenge to Non-Compliant Development Sites

What legal avenues are available to the public if proposed development sites in the SHIP contradict the SEA findings and environmental constraints identified in the LHS?

Response

1. SEA requirements for SHIP 

Is a Strategic Housing Investment Plan (SHIP) considered a qualifying plan under the Environmental Assessment (Scotland) Act 2005, particularly when it introduces new land-use proposals not previously assessed in the LHS SEA?

As set out in the Strategic Housing Investment Plan 2025 guidance note it is up to the local authority, as the responsible authority under the Environmental Assessment (Scotland) Act 2005 (the 2005 Act) to determine whether or not a Strategic Environmental Assessment (SEA) is required for the Strategic Housing Investment Plan (SHIP).

The SHIP is subordinate to the Local Housing Strategy (LHS). The LHS 2019 guidance notes that it is for each responsible authority to make a judgement on whether a plan, programme or strategy is likely to have any significant environmental effects, either positive or negative and therefore requires a SEA.

The LHS guidance also notes that given the LHS relationship with the Local Development Plan (LDP), it is the informal view of the SEA Gateway, that generally only a pre-screening notification would be required for a LHS. This is based on the assumption that all decisions and options surrounding housing would be assessed and consulted upon through the LDP process and so can avoid potential assessment duplication. It is therefore for each responsible authority to make a judgement on whether an SEA is also required for the SHIP.

2. Public Rights and Remedies 

What recourse does a member of the public have if a SHIP is adopted without any SEA screening or assessment, and the plan materially affects the environment?

The public may contact the relevant local authority to seek clarification on why it was deemed that an SEA was not necessary. As the responsible authority under the 2005 Act, it is up to the local authority to make a judgement on whether an SEA is required for the SHIP.

3. Testing SHIP Sites Against LHS SEA Indicators

If the SHIP is subordinate to the LHS, how should the Council ensure that proposed development sites in the SHIP are tested against the SEA assessment criteria and environmental indicators established in the LHS?

As the responsible authority under the 2005 Act, it is up to the local authority to make a judgement on whether an SEA is required for the SHIP. Given the relationship between the LHS and the LDP, it is likely that all decisions and options surrounding housing should be assessed and consulted upon through the LDP process and thus give members of the public a meaningful opportunity to engage in the decision-making process.

4. Legal Challenge to Non-Compliant Development Sites

What legal avenues are available to the public if proposed development sites in the SHIP contradict the SEA findings and environmental constraints identified in the LHS?

Any person who considers that a local authority is not acting in accordance with its statutory obligations has the right to make a formal complaint to the authority. If that this does not resolve the matter it is open to any person who considers that the planning authority have acted incorrectly in granting consent for a development to seek judicial review of the decision. The Scottish Government would advise anyone considering such an approach to seek independent legal advice.

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