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PRACTICE NOTES
Introduction The Habitats Regulations Assessment (HRA) requirements require the assessment of ‘plans or projects’ that may have a ‘likely significant effect’ on a European site or, in England, a Ramsar site. Subject to the environmental delivery plan (EDP) provisions set out below, such plans or projects can only proceed if the competent authority has determined 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: Implementation of the EU Habitats Directive in England and Wales and Appropriate assessment/habitats regulations assessment. In England, EDPs provide an alternative route for specified environmental impacts to be dealt with. Where an applicable EDP is in force and the developer has committed to pay the nature restoration levy in respect of impacts on a protected feature of a European site or Ramsar site, that impact can then be disregarded. No HRA is then required in respect
PRACTICE NOTES
Requirement for appropriate assessment/habitats regulations assessment Together: • Part 1 of the Wildlife and Countryside Act 1981 • the Conservation of Habitats and Species Regulations 2017 (Habitats Regulations), SI 2017/1012 , in England and Wales and their respective 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 transpose into English and Welsh law the provisions of Archived Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (as it had effect immediately before IP completion day (11 pm on 31 December 2020)). For information on how Brexit has impacted the habitats regime, see Practice Note: Brexit—the implications for English and Welsh planning law and practice. Habitats Regulations, SI 2017/1012, reg 63, requires a competent authority, before deciding to undertake or give consent or permission for a plan or project, which: • is likely to have a significant effect on a European site, a European
NEWS
Planning analysis: In Bradbury v Brecon Beacons National Park Authority, the Court of Appeal dismissed an appeal against a decision to grant planning permission for two developments, despite the planning committee’s failure to consider relevant information (specifically, the absence of appropriate assessments and the potential impact of the proposed development on the integrity of the River Wye Special Area of Conservation) on the basis that it was highly likely the committee would have reached the same decision even if this breach had not occurred. (R (on the application of Dr Rosalind Bradbury) v Awdurdod Parc Cenedlaethol Bannau Brycheiniog (Brecon Beacons National Park Authority)). Written by Martha Grekos, barrister at Martha Grekos Legal Consultancy.
GLOSSARY
The earlier of (1) a nominated date falling in the tax year immediately after that in which the last pension input period ended, and (2) the anniversary of the date on which the period ended
NEWS
Planning analysis: Mole Valley District Council v Secretary of State & Meloney concerned a statutory review of a planning appeal decision involving the interpretation of revised national planning policy, specifically the updated National Planning Policy Framework (NPPF) and Planning Policy for Traveller Sites (PPTS). It reinforces the importance of clarity in applying national policy, the evidential burden on local authorities in demonstrating deliverable housing supply, and the procedural expectations in adversarial hearings. Written by Rory Bennett, counsel, Norton Rose Fulbright LLP.
GLOSSARY
Under the Pension Schemes Act 2015 and underlying regulations, 'appropriate independent advice' is defined as advice that is: • given by an authorised independent adviser who has permission under the Financial Services and Markets Act 2000 to carry out the regulated activity of advising on the conversion or transfer of pension benefits, and • specific to the transfer payment, conversion of benefits or payment of a lump sum proposed by the member or survivor
GLOSSARY
SCCO Guide—the office in which a request for a detailed assessment hearing should be filed: it is the County Court Office or District Registry for the court in which the order for costs was made or, in all other cases, the Senior Court Costs Office (SCCO). Where the SCCO is the appropriate office for the request, it is also the appropriate office for any request or application made earlier in the detailed assessment proceedings, eg, a request for a default costs certificate, a request or application to set aside such a certificate and applications for extension of time and sanctions for delay
GLOSSARY
A personal pension plan, stakeholder pension scheme or FSAVC scheme which had received an appropriate scheme certificate by HMRC, enabling its members to contract out of the state second pension.
GLOSSARY
A personal pension which provided for an employed person a S2P benefit through a personal arrangement with a bank, building society, insurance company or unit trust.
PRECEDENTS
1 Background information 1.1 Name of organisation [Insert name] Name(s) and position of person(s) preparing this appropriate policy document (APD) [Insert name(s) and position(s)] Date of APD [Insert date] APD review date or frequency [Insert, eg annually, six monthly etc] 1.2 [This appropriate policy document should be read in conjunction with our: 1.2.1 internal Data protection policy; 1.2.2 customer-facing Privacy policy; 1.2.3 Records management policy and Records retention schedule; 1.2.4 [Data processing register]; 1.2.5 [[Add any other relevant documents such as DPIAs, privacy impact assessments, etc]] ] 2 Personal data, lawful grounds for processing and retention periods 2.1 We have identified that we [will ]process special category personal data[ and criminal offence data], which requires an APD. 2.2 The table below identifies the personal data covered by this APD, together with our lawful ground(s) for processing and retention and erasure periods. State how long you are likely to retain the data for or link to your Records retention schedule. Description of special category data and/or criminal offence data processed subject to this APD Lawful ground(s) for processing and Sch 1 condition Retention and erasure period [Description of special category personal data you intend to process, eg sickness records including health data] [Insert
PRECEDENTS
I [insert full name of attorney] of [insert address of attorney] make the following statement: 1 On [insert date of the power of attorney] [insert full name of donor] (the donor) of [insert address of donor] appointed me to be [his
GLOSSARY
Under the Theft Act 1968, s 3 any assumption by a person of the rights of an owner amounts to an appropriation for the purpose of the offence of theft.