Habitats Regulations Appraisal
What is appropriate assessment?
The Habitats Regulations require competent authorities to carry out appropriate assessments in certain circumstances where a plan or project affects a Natura (European) site. Habitats Regulations Appraisal (HRA) refers to the whole process, including the appropriate assessment step. Appropriate assessment is required when a plan or project affecting a Natura site:
- Is not connected with management of the site for nature conservation, and
- Is likely to have a significant effect on the site (either alone or in combination with other plans or projects)
This applies to any plan or project which has the potential to affect a Natura site, no matter how far away from that site. An appropriate assessment should focus exclusively on the qualifying interests of the Natura site affected and must consider any impacts on the conservation objectives of the site.
A competent authority must not authorise a plan or project unless, by means of the appropriate assessment, they can ascertain that it will not adversely affect the integrity of a Natura site. The only exceptions are if there are no alternative solutions and there are imperative reasons of overriding public interest for the plan or project to go ahead.
Who carries out a Habitats Regulations Appraisal?
A competent authority is any body that has the power to undertake or give any consent, permission or other authorisation for a plan or project. For example, local authorities are competent authorities in respect of planning applications, the Forestry Commission is the competent authority for felling licenses, and the Scottish Environmental Protection Agency is the competent authority for authorisations under the Controlled Activities Regulations (CAR). The competent authority, with advice from Scottish Natural Heritage, decides whether appropriate assessment is necessary and carries it out if needed. The applicant may be asked to provide information to inform the assessment.
What information is required?
There is no set format that Habitats Regulations Appraisal has to follow, and the level of information required depends very much on the individual circumstances of a case. An appropriate assessment must be detailed and robust enough to answer the question - can it be ascertained that the integrity of the Natura site will not be adversely affected? - on the basis that there is no reasonable scientific doubt about the conclusion.
Where can I get more help and advice?
Appraisal of plans and projects under the Habitats Regulations is not the same as Environmental Impact Assessment (EIA) or Strategic Environmental Assessment (SEA). Some of the terms used in all three procedures are similar, but the steps and tests are very different. The following sources of information may help.
- For every Natura site potentially affected by a proposal, a Habitats Regulations Appraisal should refer to the conservation objectives and qualifying interests. These are available for all SACs and SPAs in Scotland using our Sitelink
tool. Search for the sites you are interested in by name, or by using a map
- SNH has produced a short leaflet on Natura sites and Habitats Regulations which briefly summarises the appraisal process and gives some handy hints and guidance
- Some of the key concepts are explained in the European Commission's guidance on Article 6 of the Habitats Directive
- Revised guidance updating the Scottish Office Circular 6/1995
on the implementation of the Habitats and Birds Directive in Scotland was produced in June 2000. This sets out Government policy relating to Natura sites but is now due for further revision.
- Paragraphs 134 to 136 of Scottish Planning Policy 2010
clarify and update Government policy in relation to the planning system, Natura sites and Ramsar sites.
- Guidance is now available specifically for plan-making bodies undertaking Habitats Regulations Appraisal of Plans
.
- The Scottish Government provides guidance on HRA and the planning system
, including the updated Planning Circular 1/2009: Development Planning Appendix 1: The Habitats Regulations
.
- SNH has also published Guidance for Competent Authorities specifically when dealing with proposals affecting freshwater SACs.