Derogations under the Habitats Directive
Derogations under the Habitats Directive

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

  • Derogations under the 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...

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Brexit and Habitats below, Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

Legislation

The Habitats Directive 92/43/EEC (Habitats Directive) aims to promote the maintenance of biodiversity by requiring 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 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

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