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DRAFT Sustainability Appraisal Report for the Emerging Local Plan ...

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3.43 In terms of environment, assessments at Level 5 would have triggered site specific policies or<br />

constraints that had potential <strong>for</strong> adverse effects on <strong>the</strong> receiving environment. As such <strong>the</strong> process<br />

can follow and assist procedures pursuant to <strong>the</strong> relevant EIA regulations 29 .<br />

Level 6 Assessment – Habitats Regulations Assessment/Appropriate Assessment (HRA)<br />

3.44 Habitats Regulations Assessment (HRA) is triggered pursuant to Regulations 102, 103 and 105 of <strong>the</strong><br />

Conservation of Habitats and Species Regulations 2010 (see also paragraph 2.26 above) where<br />

elements of <strong>the</strong> <strong>Local</strong> <strong>Plan</strong> are likely to result in significant effect on a qualifying feature present on a<br />

European site 30 .<br />

3.45 The HRA is only triggered where <strong>the</strong> Council is unable to conclude that <strong>the</strong>re is no likelihood of a<br />

significant effect to environmental feature(s) alone or in combination with o<strong>the</strong>r plans or projects with<br />

a similar mechanism <strong>for</strong> effect (MfE). In addition, <strong>the</strong> plan must not be directly connected with or<br />

necessary to <strong>the</strong> management of <strong>the</strong> site’s nature conservation objectives.<br />

3.46 Given <strong>the</strong> complexity involved in dealing with regulatory compliance of this regime, it is necessary to<br />

consider <strong>the</strong> effect <strong>the</strong> <strong>Local</strong> <strong>Plan</strong> through its individual policies will potentially have on European sites<br />

as a standalone exercise. These regulations were triggered following <strong>the</strong> conclusions of a pre‐screening<br />

and screening assessment, against <strong>the</strong> requirements of <strong>the</strong> Conservation of Habitats and Species<br />

Regulations 2010 ( 31) . In consultation with Natural England, a separate HRA screening and scoping<br />

report was adopted on August 3, 2012 a copy of which is available at Appendix 8. A HRA report has<br />

also been produced and accompanies <strong>the</strong> Council’s <strong>Local</strong> <strong>Plan</strong> submission documents as a stand alone<br />

component to <strong>the</strong> SEA and this SAR and is available at Appendix 9.<br />

29 Town and Country <strong>Plan</strong>ning (Environmental Impact Assessment) Regulations 2011 (Statutory Instrument 2011 No.1824).<br />

30 A European Site means sites established pursuant to Article 3(1) of <strong>the</strong> Habitats Directive and Regulation 8 of <strong>the</strong> Conservation of<br />

Habitats and Species Regulations 2010 (Statutory Instrument 2010 No.490).<br />

Ibid., Regulation 102.<br />

Page | 45 Runnymede BC FINAL <strong>Sustainability</strong> <strong>Appraisal</strong> <strong>Report</strong> – Feb 2013

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