Panel Report - South West Regional Assembly

A Sustainable Future
Issues
1.2.2 In the Panel’s view the groups of appropriate assessment issues which arise are:
• the Policy context;
• the Habitat Regulations process;
• policy and safeguards.
Policy context
1.2.3 Government Policy on protection of biodiversity through the planning system is set out
in PPS9 Biodiversity and Geological Conservation 20 . The requirement to undertake a
Habitats Regulation Assessment (HRA) of development plans was confirmed 21 in
March 2006. The HRA refers to the assessment of the potential effects of a
development plan on one or more European Sites collectively termed ‘Natura 2000’
(N2K) sites. The Appropriate Assessment (AA) assesses the impacts of a land-use plan
against the conservation objectives of an European Site and to ascertain whether it
would adversely affect the integrity of that site. The Consultation Document Planning
for the Protection of European Sites: Appropriate Assessment 22 was published in
August 2006.
1.2.4 Variations to the draft RSS Strategy will require the Sustainability Appraisal and
Appropriate Assessment to be revisited to test out the implications of our relevant
recommendations.
Habitats Regulations Assessment process
1.2.5 Confirmation of the requirement for the RSS to be the subject of an Appropriate
Assessment under the Habitats Directive came late in the process of preparing the draft
RSS and at the same time as the draft RSS was approved by the Regional Assembly.
Following its submission the Assembly appointed consultants to undertake a HRA of
the draft RSS working closely with the statutory environmental bodies Natural England
and the Environment Agency. The final report 23 was published in February 2007 and
an erratum 24 in March 2007 in compliance with the requirements of the Directive before
the start of the EiP.
1.2.6 Further work has subsequently been commissioned from Land Use Consultants by their
clients to comment upon the potential implications of the development industry
alternative scenarios on the N2K sites in the light of the findings and conclusions of the
main HRA Report. The supplementary report 25 was published in May 2007.
20 Planning Policy Statement 9: Biodiversity and Geological Conservation, ODPM, August 2005.
21 Letter from Office of the Deputy Prime Minister to all planning authorities including Regional Planning Bodies,
dated 9 March 2006.
22 Planning for the Protection of European Sites: Appropriate Assessment - Guidance For Regional Spatial Strategies
and Local Development Documents, Consultation Document, DCLG, August 2006.
23 Habitats Regulations Assessment of the Draft Regional Spatial Strategy for the South West, Final Report Land Use
Consultants, February 2007.
24 Habitats Regulations Assessment of the Draft Regional Spatial Strategy for the South West, Erratum to the Final
Report, Land Use Consultants, 16 March 2007.
25 Habitats Regulations Assessment Supplementary Report, Land Use Consultants, May 2007.
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