Appropriate Assessment of Herefordshire UDP

Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Fauna and Flora - the 'Habitats Directive' - provides legal protection for habitats and species of European importance. Articles 3 - 9 of the Directive provide the legislative means to protect habitats and species of Community interest through the establishment and conservation of an EU-wide network of sites known as Natura 2000. Natura 2000 sites are Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Conservation of Wild Birds Directive.

Articles 6(3) of the Habitats Directive states that:

"Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives."

In October 2005, the European Court of Justice ruled that the UK had failed to correctly transpose the provisions of the Habitats Directive into national law by failing to ensure that land use plans are subject to Appropriate Assessment (AA) where they might have a significant effect on a Natura 2000 site.  The ruling means that Regional Spatial Strategies, Local Development Documents, and alterations or replacements of 'old style' land use plans (e.g. Unitary Development Plans) require Appropriate Assessment to be undertaken.

The purpose of AA is to assess the impacts of a land use plan in combination with the effects of other plans and projects against the conservation objectives of a European site and to ascertain whether it would adversely affect the integrity of that site. Where significant negative effects are identified, alternative options should be examined to avoid any potential damaging effects.  The scope of the AA is dependent on the location. size and significance of the proposed plan or project.

There are four areas within Herefordshire that have international site designation, these are The River Wye (River Wye SSSI and part River Lugg SSSI), Downton Gorge, The Wye Valley Woodlands and the River Clun (part of the River Clun SSSI).  In addition, both the Wye Valley & Forest of Dean Bat site and Rhos Goch SACs are near to the border of Herefordshire and depend upon appropriate land use in Herefordshire for their protection.  Therefore, in accordance with the Draft Conservation (Natural Habitats, & c.) Regulations 2006, as amended, a screening of the Herefordshire Unitary Development Plan has been undertaken prior to the adoption of the Plan.

The UDP policies have been screened using a working draft Habitats Regulations Assessment Guidance from Natural England, the Habitats Regulations Assessment of Policies and Proposals.  All policies in the UDP policies considered to have a potential effect on a European site were considered in the screening. In identifying these policies a precautionary approach was taken including policies which could be considered to steer development towards, encourage or permit development in an area that could include a European Site or an area where development might indirectly affect a European Site.  In addition, the UDP makes clear that all development proposals, including those policies screened, will be required to comply with policy NC2: Sites of International Importance which seeks to protect the international sites.  The Herefordshire UDP has been subject to considerable consultation during its preparation and there were no outstanding objections to the Plan by Natural England to the Plan.

The screening of the UDP policies indicates that a full Appropriate Assessment of the UDP is not necessary.  A list of those policies screened as having a potential effect on a European site can be viewed by clicking on the link below.

This approach was agreed with Natural England as confirmed in correspondence, which can also be viewed by clicking on the links in the Resources Box below.


Last Updated: 24 December 07,
Review Date: 20 September 2005