Habitats Regulations Appraisal

The Habitats Regulations require competent authorities to assess certain plans or projects which affect Natura sites. Any development proposal which requires planning permission or other consent falls within the definition of a project which may require consideration under the Habitats Regulations.

All strategic and local development plans fall within the definition of plans which may require consideration under the Habitats Regulations.  New guidance (August 2010) has been produced specifically for all bodies undertaking Habitats Regulations Appraisal (HRA) of plans  , including development plans.  This replaces the Scottish Government interim guidance for local authorities on the need for appropriate assessment of development plans.  

The new guidance is referred to in the updated Planning Circular 1/2009: Development Planning Appendix 1: The Habitats Regulations  , published by Scottish Government.

When is appropriate assessment required?

• The appraisal process under the Habitats Regulations decides whether an appropriate assessment is required or not.
• Any plan or project which has the potential to affect a Natura site, no matter how far away from that site, should be considered in order to determine whether an appropriate assessment is required.

Who does what?

• Local authorities are a competent authority with respect to development plans and most development proposals.
• Competent authorities decide whether appropriate assessment is necessary and are required to carry it out where needed. In doing so, they are required to consult with Scottish Natural Heritage.
• We will help local authorities with advice about potential impacts on Natura sites. The applicant may be asked to provide any information necessary to inform the assessment.