Planning and Legislation

The primary responsibility for protecting the water environment, including both groundwater and surface water resources, is that of the Environment Agency in England & Wales and the Scottish Environment Protection Agency (SEPA) in Scotland. The statutory powers of these agencies with respect to controlling impacts on the water environment are, however, relatively limited. The planning system therefore has an important, complementary role to play in controlling many other aspects of land use and development that could affect the water environment.

Whilst MPA are obliged to take account of the views expressed by the Environment Agency / SEPA and other statutory consultees, they have to balance these against all other material considerations, including the need for mineral extraction to support economic growth (Table 9). This concept is also reflected in one of the main aims of the Environment Agency: "to deliver environmental goals without imposing disproportionate costs on industry or society as a whole".

Further details of the planning and legislative background at the time of the original research (1998) are given in the Guide to Good Practice ⁷⁸. Readers should, however, be aware that numerous changes have taken place since that date to both the planning systems in England and Wales and to environmental legislation.