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Habitats regulations assessment of development plans

Habitats regulations assessment of development plans. Riki Therivel, Levett-Therivel. WHAT IS HRA?. Tests impact of plan on SPAs/SACs Concludes with yes/no statement: will plan have significant impact on European site? It is very precautionary

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Habitats regulations assessment of development plans

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  1. Habitats regulations assessment of development plans Riki Therivel, Levett-Therivel

  2. WHAT IS HRA?

  3. Tests impact of plan on SPAs/SACs • Concludes with yes/no statement: will plan have significant impact on European site? • It is very precautionary • ‘Appropriate assessment’ refers to process as well as statement

  4. Required by European Habitats Directive European Court of Justice ruling Oct. 2005: UK had not implemented Habitats Directive Articles 6.3 and 6.4 correctly re. plans Conservation (Natural Habitats, &c) (Amendment) (England and Wales) Regulations 2007 transposed requirements into UK law in August

  5. 6.3 Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives... the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned..

  6. 6.3 Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives... the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned.. a plan located some distance away from a European site could still have significant effects on the site and could still require AA.

  7. 6.3 Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives... the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned.. a European ‘site’ is an SPA or SAC. Ramsar sites are also typically treated as European sites in AA

  8. 6.3 Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives... the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned.. significance is judged in terms of the features for which the site was designated and the site’s conservation objectives

  9. 6.4 If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest… the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected...

  10. 6.4 If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest … the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected... Alternative solutions could include alternative locations, processes etc.; and could be outside the authority

  11. 6.4 If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest… the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected... the ‘IROPI test’ is difficult to pass: avoid getting this far if at all possible

  12. compensatory measures aim to offset precisely the negative impacts of the plan 6.4 If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest… the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected...

  13. AA promotes hierarchy of measures: avoidance: prevent significant impacts from happening in the first place mitigation: reduce the magnitude and/or likelihood of an impact compensation: provide a new benefit to balance out the impact

  14. Current status • (Almost) all RSSs – some on their second round • Many Core Strategies and other DPDs • Environment Agency AAs

  15. SCREENING

  16. Screen out obvious sites, e.g. • That impacts are very unlikely to reach • Where conditions & underlying trends are fine and plan impacts are minimal Consider avoidance measures for others, e.g. rules on • siting new development • managing new development • type of development permitted within x km of site

  17. Prepare draft screening report and discuss… with Natural England, Environment Agency, others? Take forward remaining ‘short list’ of sites to…

  18. 2. APPROPRIATE ASSESSMENT sourcepathwayreceiver new housing more recreational pressure new traffic more disturbancemore road noise impact on ground nesting birds

  19. Recreational impact of Horsham DC Core Strategy on Ashdown Forest SAC Sensitive feature = ground nesting birds Magnitude = small

  20. Likelihood = small RULE = no significant impact, no need for avoidance / mitigation

  21. Impact of development on Barbastelle bats at The Mens SAC 6-8 km: foraging areas prone to disturbance / destruction 2 km: roosts prone to disturbance roost RULE: No destruction of hedges/trees within 8km of boundary OR No destruction of hedge A, woodland B etc.

  22. Air pollution at all sites

  23. Conclusion of AA stage: For some European sites: plan is unlikely to have a significant ‘in combination’ impact For others: plan is likely to have a significant ‘in combination’ impact + propose effective avoidance / mitigation rules For still others: plan is likely to have significant ‘in combination’ impact + mitigation not possible → Stage 3 Alternatives

  24. ISSUES IN HRA

  25. Thames Basin Heaths SPA: mitigation using buffer zones and SANGS • NE ‘rule’: • within 400m: no development • 0.4-2km: 16ha SANGS/1000 pop • 2-5km: 8ha SANGS/1000 pop. • (Suitable Alternative Natural Green Space)

  26. Which issues should be dealt with at which level?

  27. Habitats Regulations Assessment leads to significant changes to plans… possibly more than SA/SEA

  28. Does SEA need to become more like HRA, esp. ‘teeth’ and links to environmental limits?

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