Derogations under the EU Habitats Directive
Derogations under the EU Habitats Directive

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

  • Derogations under the EU Habitats Directive
  • Legislation
  • Derogation requirements
  • When derogations should be considered
  • Alternative solutions
  • Identify objective of plan/project
  • Consider government policy
  • Include a 'do-nothing' option
  • Work out whether alternative solution is 'reasonable' and 'feasible'
  • Consider alternatives 'objectively and broadly'
  • More...

Legislation

EU Council Directive 92/43/EEC (OJ L 206, 22.7.1992) on the conservation of natural habitats and of wild fauna and flora (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 Wales and the UK offshore area by Part I of the Wildlife and Countryside Act 1981 (WCA) and the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (Habitats Regulations), which apply in England and Wales and 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Regulations and Offshore Regulations were made pursuant to the European Communities Act 1972 (ECA 1972), which was repealed from 31 January 2020 (Exit Day) by

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