Strategic Environmental Assessment Screening Determination for the Cheshire West and Chester Local Plan
August 2026
A.1 Introduction
In accordance with the requirements of the Environmental Assessment of Plans and Programmes Regulations 2004 (as amended), this document is the screening determination on the need for Strategic Environmental Assessment (SEA) for the Cheshire West and Chester (CW&C) Local Plan.
Under the Environmental Assessment of Plans and Programmes Regulations 2004, the responsible authority (i.e. the local planning authority) must carry out an environmental assessment for any plan or programme that is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, which sets the framework for future development consent of certain projects. It is likely that Development Plan Documents (DPDs), such as the Local Plan will require SEA as they will contain planning policies that influence the above list of topics, and which will be used to determine planning applications.
The first stage in the SEA process is for the Council to determine whether or not a plan is likely to have a significant effect on the environment. This process should use a specified set of criteria (set out in Schedule 1 of the regulations). The results of this process must be summarised in an SEA screening opinion, which is then sent to the statutory bodies for comment. Once comments have been taken into account a screening determination is prepared setting out whether SEA is required and reasons for the decision and this must be made publicly available.
In accordance with Regulation 9 of the Environmental Assessment of Plans and Programmes Regulations 2004, the Council consulted the statutory environmental bodies on the SEA Screening Opinion.
Consultation was undertaken between 6 July – 10 August 2026 with:
- Natural England
- Environment Agency
- Historic England
- Natural Resources Wales
- Cadw
The responses have been considered by the Council and taken into account in reaching the final screening determination. A summary of the consultation responses is provided in Appendix 1 and the responses are set out in Appendix 2.
In summary, all of the statutory consultees who responded agreed with the Council’s conclusion that the Local Plan is likely to have significant environmental effects and therefore requires Strategic Environmental Assessment.
CW&C are currently getting ready to prepare a new Local Plan. The ‘getting ready’ stage includes preparing a timetable, establishing project management, consulting and engaging on the plan, developing the anticipated content of the plan and starting work on the SEA. Notice of intention to commence the Local Plan was published on 12 June 2026 and a timetable has also been published.
Environmental Outcomes Reports (EORs) will eventually replace SEA and Sustainability Appraisal for Local Plans, however the EOR regulations have not yet been implemented for plan-making.
The new Local Plan will cover the whole of the borough. It will set a spatial strategy for development, identifying where new development should be located in order to meet housing and employment needs. It will identify sites to meet the housing targets set by government. The new Local Plan will set out a series of topic-based policies and will allocate sites for development. The new Local Plan will also incorporate the Minerals and Waste Plan for CW&C.
Preparation of the Local Plan will involve stakeholders and the community in line with the Town and Country Planning (Local Planning) (England) Regulations 2012.
The Council considers that the preparation of the Local Plan falls within the scope of the Environmental Assessment of Plans and Programmes Regulations 2004 on the basis that:
- The Local Plan is a plan which is subject to preparation and adoption by an authority at a local level and is required by legislative, regulatory or administrative provisions, as defined in Regulation 2;
- The Local Plan is prepared for town and country planning or land use and will set the framework for the future development consent of projects listed in Annex I or II of European Council Directive 2011/92/EU (Regulation 5); and
- The Local Plan will apply to a wider area than a small area at local level and is not a minor modification to an existing plan or programme.
A determination under Regulation 9 is, therefore, required as to whether the Local Plan is likely to have significant environmental effects.
A.2 Characteristics of the Local Plan
The screening process set out in Regulation 9 and Schedule 1 of the regulations includes two sets of characteristics for determining the likely significance of the effects on the environment. These relate firstly to the characteristics of the Local Plan and secondly to the characteristics of the effects and of the area likely to be affected. There are a number of criteria relating to each of these characteristics, the answers to which are set out below.
Table A.1 - Assessment of the significant environmental effects of the Local Plan Update
| Criteria (Schedule 1) |
Significant environmental effect likely (yes/no)? |
Assessment and justification |
|---|---|---|
| 1 The characteristics of the plans and programmes, having regard in particular to: | ||
| (a) The degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources. | Yes | The Local Plan will set a new policy framework. This will set the strategic context for planning projects and activities in CW&C in terms of the location of new development and the nature, size and operating conditions of such developments. |
| (b) The degree to which the plan or programme influences other plans and programmes including those in a hierarchy. | Yes | The Local Plan sets the overarching vision for the other documents that make up the Council's development plan. It will set out a spatial strategy and housing figures for specific locations. It will also identify allocations for development and will set strategic policies. Neighbourhood Plans will need to take account of the housing figures set for their area. |
| (c) The relevance of the plan or programme for the integration of environmental considerations, in particular with a view to promoting sustainable development. | Yes | Section 39 of the Planning and Compulsory Purchase Act requires that the Local Plan must contribute to the achievement of sustainable development. |
| (d) Environmental problems relevant to the plan or programme. | Yes | The Local Plan will seek to address environmental problems that are relevant to planning. |
| (e) The relevance of the plan or programme for the implementation of assimilated law on the environment (for example, plans and programmes linked to waste management or water protection). | Yes | The Local Plan will impact on the implementation of assimilated law on the environment, for example in relation to protected species and habitats, waste management and water protection. |
| 2 Characteristics of the effects and of the area likely to be affected, having regard, in particular to: | ||
| (a) The probability, duration, frequency and reversibility of effects. | Yes | The Local Plan will set a long-term vision, objectives and strategy for the spatial framework for new development within CW&C. Individual policies will have a different probability, duration, frequency and reversibility of effects, but generally the policies as a whole will have medium to high probability and medium to long-term duration effects. The effects are likely to be frequent within CW&C and some effects will be reversible, but others will be more difficult or potentially impossible to reverse. |
| (b) The cumulative nature of the effects. | Yes | There are likely to be cumulative affects arising from and between the different policies within the Local Plan. There could also be cumulative effects with other development plan documents and Neighbourhood Plans. |
| (c) The transboundary nature of the effects. | No | There are no transboundary effects arising from the Local Plan. |
| (d) The risks to human health or the environment (for example, due to accidents). | No | There are unlikely to be risks to human health or the environment arising from the Local Plan. |
| (e) The magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected). | Yes | The Local Plan will apply to new development in the CW&C geographical area. This has an area of nearly 1,000 square kilometres and a population of 371,652 people (according to the mid 2024 population estimates based on the 2021 Census). |
| (f) The value and vulnerability of the area likely to be affected due to; (i) special natural characteristics or cultural heritage (ii) exceeded environmental quality standards or limit values or (iii) intensive land use |
Yes | The Local Plan covers the whole of CW&C, which is valued in terms of its built, natural and archaeological heritage. There may be the potential for the value and vulnerability of the area to be affected as a result of the Local Plan. |
| (g) The effects on areas or landscapes which have a recognised national, Community or international protection status. | Yes | The Local Plan will apply to all landscape types in CW&C, including those which have a recognised national, Community or international protection status. |
A.3 Conclusion
In accordance with Regulation 9 (2) of the Environmental Assessment of Plans and Programmes Regulations 2004 and having taken into account the consultation responses received from the statutory environmental bodies, Cheshire West and Chester Council has determined that the preparation of the Local Plan is likely to have significant environmental effects.
Strategic Environmental Assessment is therefore required. The Council notes that the statutory consultees agreed with this conclusion.
The requirements of Strategic Environmental Assessment will be incorporated into the Sustainability Appraisal process undertaken alongside preparation of the Local Plan.
Date of determination: 20 August 2026
Appendix 1
| Consultee | Summary of Response |
| Natural England | Agreed with the conclusion of the Screening Opinion that SEA is required as it will have potential to significantly impact the environment. |
| Environment Agency | Notes the conclusion of the SEA Screening Opinion that SEA is required. States they do not advise of whether a plan falls within the requirements of the SEA regulations or on SEA Screening Determinations. |
| Historic England | Agreed with the Conclusion of the SEA Screening Opinion that SEA will be required. |
| Natural Resources Wales | Agree with the conclusion of the SEA Screening Opinion that SEA will be required and welcome the intention to integrate SEA requirements within the SA process. Note that the Local Plan has the potential to influence environmental receptors that extend across the border, including shared catchments and designated sites. The SEA should therefore give appropriate consideration to any potential cross-border environmental effects. |
| Cadw | No response received. |
Appendix 2
Natural England Response:
Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced and managed for the benefit of present and future generations, thereby contributing to sustainable development.
Natural England agrees with the conclusion of the SEA Screening Opinion and that the emerging Cheshire West and Chester
Local Plan requires an SEA as it will have the potential to significantly impact the environment due to its expected scope.
Environment Agency Response:
We note the Council's conclusion that the emerging Local Plan is likely to have significant environmental effects and will therefore require Strategic Environmental Assessment (SEA). We do not advise on whether a plan falls within the requirements of the SEA Regulations or on SEA screening determinations.
As a statutory consultation body, we would expect to be consulted on the scope of the SEA to help ensure that relevant environmental issues within our remit are appropriately considered. We can also provide baseline information and environmental data to inform the assessment.
Historic England Response:
Historic England is the Government’s statutory adviser on all matters relating to the historic environment in England. We are a non-departmental public body established under the National Heritage Act 1983 and sponsored by the Department for Culture, Media and Sport (DCMS). We champion and protect England’s historic places, providing expert advice to local planning authorities, developers, owners and communities to help ensure our historic environment is properly understood, enjoyed and cared for.
Historic England has produced a document, which you might find helpful in providing guidance on the effective assessment of the historic environment in Strategic Environmental Assessments. This can be found at https://www.historicengland.org.uk/images books/publications/sustainability-appraisal-and-strategic-environmental-assessment-advice note-8/.
In terms of our area of interest, we would concur with your assessment that the Local Plan will require a Strategic Environmental Assessment.
Natural Resources Wales Response:
Natural Resources Wales notes the Council's screening determination that the proposed Local Plan is likely to have significant environmental effects and therefore requires SEA. Based on the information provided, we agree with the Council's screening determination and welcome the intention to integrate SEA requirements within the Sustainability Appraisal process.
NRW notes that the Local Plan has the potential to influence environmental receptors that extend across the Wales-England border, including shared catchments and designated sites. The SEA should therefore give appropriate consideration to any potential cross-border environmental effects, including those affecting shared river catchments, designated sites and other environmental receptors that may be influenced by the scale and location of future development proposed through the Plan.