Appropriate assessment under the Habitats Directive

The following Planning practice note provides comprehensive and up to date legal information covering:

Appropriate assessment under the Habitats Directive
Review of existing decisions and consents
Determining whether the activity is a ‘plan’ or a ‘project’
Consent or permission
Conservation management exemption
Determining whether the plan or project is likely to have a significant effect
Assessing the effects
Deciding whether effects are 'significant'
Deciding whether effects are 'likely'
Appropriate assessment

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Consultation with statutory nature conservation body/SNCB
Evidence/timetable
Mitigation
Contents of appropriate assessment
Post-consent monitoring and conditions
Format of appropriate assessment
Decision
Failure to consider appropriate assessment in grant of planning permission
Combined effects
Derogations under EU Habitats Directive
Habitats Regulations Assessment relevant to nationally significant infrastructure projects
Proposals for reform of appropriate assessment process

Appropriate assessment under the Habitats Directive

The EU Habitats Directive 92/43/EEC (OJ L 206, 22.7.1992) (EU Habitats Directive), as it continues to have effect in the EU aims to promote the maintenance of biodiversity by requiring EU Member States to take measures to maintain or restore natural habitats and wild species at a favourable conservation status, introducing robust protection for those habitats and species of European importance. The EU Habitats Directive is mainly transposed in England and the UK offshore area by the Wildlife and Countryside Act 1981 (WCA), Part 1 and the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (Habitats Regulations) which apply in England and its seas up to 12 nautical miles from the coast and the Conservation of Offshore Marine Habitats and Species Regulations 2017, SI 2017/1013 (Offshore Regulations) which apply in UK waters more than 12 nautical miles from the coast. The Habitats Regulations and the Offshore Regulations apply from 30 November 2017 and consolidate and update the Conservation of Habitats and Species Regulations 2010, SI 2010/490 and the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007, SI 2007/1842.

Derived from EU law, the Habitats Regulations and Offshore Regulations were made pursuant to the European Communities Act 1972 (ECA 1972), which was repealed from 31 January 2020 (Exit Day) by the European Union (Withdrawal) Act 2018 (EU(W)A 2018). However, the