Level 6 - Habitats Regulations
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Level 6 of the SA/SEA process can be summarised as follows:
1. For a level 6 plan or policy assessment to be triggered, Levels 4 and 5 and possibly a Level 3 would have been triggered and concluded. A Level 6 assessment is the most detailed level of assessment that can be carried out by the Council and this would currently refer to feature level assessment under Regulation 48-53 of the Conservation (Natural Habitats &c) Regulations 1994. The assessment will only be triggered where a significant effect evaluated has the potential to affect environmental features of European importance.
2. The assessment will then take place where the plan or project policy is not directly connected with or necessary to the management of the site's nature conservation objectives. The site specific policy or project that has a potential to affect the environment features of European importance would be identified and described.
3. The Authority needs to be able to conclude no adverse effects either alone or in combination with other plans or projects on the integrity of the projected site or feature in order to permit the proposal for the project to go ahead.
4. Where the assessment determines no adverse effects on the conservation objectives of a protected habitat or species, then the plan will be recommended to go ahead.
5. Where the authority is unable to conclude no adverse effect and there are no alternative planning solutions available, a recommendation that permission or authorisation will be refused and the plan will not go ahead.
*Definitions Drawn from Draft Sustainability Report September 2005*
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An appropriate assessment under the EU Habitats Directive will be conducted by the Council if it is possible that a proposed development is not directly connected with or necessary to site management of a European protected site for nature conservation, but is likely to have a significant effect either individually or in combination with other plans or projects.
The information submitted by developers should allow the Council to consider all possible impacts of the development on the site's conservation objectives.
Extract from the The Conservation (Natural Habitats, &c.) Regulations 1994. The Council are obligated under these Regulations to a review/ appeal process.
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''Assessment of implications for European site
48.(1) A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which-
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(a) is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and
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(b) is not directly connected with or necessary to the management of the site,
(2) A person applying for any such consent, permission or other authorisation shall provide such information as the competent authority may reasonably require for the purposes of the assessment.''
Appendices
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Covering Report
Appendix 1 - Habitats Directive (Consolided TEXT)
Appendix 2 - Habitats Regulations
Appendix 3 - Regulations 48,49 and 54
Appendix 4 - Waddenzee Case
Appendix 5 - PPS9 - Biodiversity and Geological Conservation
Appendix 6 - Assessment PPs affecting Natura 2000 sites
Appendix 7 - Managing Natura 2000 Sites
Appendix 8 - Government Circular 062005
Appendix 9 - Habitats Regulations Guidance Note 1
Appendix 10 - Habitats Regulations Guidance Note 3
Appendix 11 - EC Communication on Precautionary Principle
Appendix 12 - Schedule 9 Countryside and Rights of Way Act 2000
Appendix 13 - Section.74 Countryside and Rights of Way Act 2000
Appendix 15 - HAP Lowland Heathland (This file is 9.72mb and is over our 4mb limit for our website) Please contact John Willmott-French and he will email the document to you.
Additional Information
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