Q&As

At what point in the process of a review of a neighbourhood plan is information submitted to the competent authority to comply with the Neighbourhood Planning (General) Regulations 2012, SI 2012/637, Sch 2 ((relating to the Conservation of Habitats and Species Regulations 2017, SI 2017/1012)?

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Published on LexisPSL on 28/06/2019

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • At what point in the process of a review of a neighbourhood plan is information submitted to the competent authority to comply with the Neighbourhood Planning (General) Regulations 2012, SI 2012/637, Sch 2 ((relating to the Conservation of Habitats and Species Regulations 2017, SI 2017/1012)?

The Conservation of Habitats and Species Regulations 2017 (CHSR 2017), SI 2017/1012, reg 105 states that:

‘(1) Where a land use plan—

(a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and

(b) is not directly connected with or necessary to the management of the site,

the plan-making authority for that plan must, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site's conservation objectives.’

CHSR 2017, SI 2017/1012, reg 111 defines ‘land use plan’ as including neighbourhood development plans (NDPs).

The process by which the requirement under

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