The following Planning practice note provides comprehensive and up to date legal information covering:
The Habitats Regulations Assessment (HRA) requirements require the assessment of 'plans or projects' that may have a 'likely significant effect' on a European site. Such plans or projects can only proceed if the competent authority is convinced they will not have an 'adverse effect on the integrity of a European site'. If the plan or project will have adverse effects, or if there is uncertainty over its effects, it can only be granted consent if certain 'derogations' apply. See Practice Notes: Habitats Directive 92/43/EEC—snapshot, Implementation of the Habitats Directive in England and Wales and Appropriate assessment under the Habitats Directive.
The HRA requirements only apply to 'a plan or projects'. The legislation does not define the terms 'plan or project' but they are generally taken to have a very broad meaning, covering a wide range of activities.
If the activity is not a plan or project, there is no need for screening to see whether an appropriate assessment is required. However, other consents, such as planning permission, may be required.
See Practice Note: Appropriate assessment under the Habitats Directive—Determining whether the activity is a ‘plan’ or a ‘project’.
Plans or projects directly connected with or necessary
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
SRA Code of Conduct for individuals and firmsThis Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement
Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary
0330 161 1234