Habitats Regulations Assessments
Posted: Thu, 17 Jan 2019 10:12
In April 2018 a Judgement was made by the Court of Justice of the European Union which led to uncertainty for neighbourhood plans where a case is determined likely to have significant effects on a protected habitats site. In response the Ministry of Housing, Communities & Local Government have made consequential changes to relevant regulations through the Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018. These came into force on 28 December 2018. The regulations allow neighbourhood plans and development orders in areas where there could be likely significant effects on a European protected site to be subject to an 'Appropriate Assessment' to demonstrate how impacts will be mitigated, in the same way as would happen for a draft Local Plan or planning application.
Updates to their guidance will be made in due course to reflect these changes.