Habitat Regulations Assessment

The Habitats Directive

The Habitats Directive protects habitats and non-avian species of European importance and applies to Special Areas of Conservation (SACs) and the European Directive (79/409/EEC) on the Conservation of Wild Birds (Birds Directive), protects bird species of European importance and applies to Special Protection Areas (SPAs). These are known as the network of Natura 2000 Sites or "European Sites". The UK Government Guidance on Habitat Regulations Assessment (HRA) from the Department of Communities and Local Government (DCLG), August 2006 states that areas designated as globally important wetlands under the Ramsar Convention (1971) should also be given the same level of protection as SAC and SPA designations in the HRA process. Given this, the Council collectively refers to SACs, SPAs and Ramsar sites as "European Sites" and acknowledges them as having the same level of protection.

What is a Habitat Regulations Assessment?

A Habitat Regulations Assessment is the assessment of the impacts of implementing a plan or policy on a Natura 2000 Site. Its purpose is to consider the impacts of a land use plan against conservation objectives of the site and to ascertain whether it would adversely affect the integrity of the site. Where significant negative effects are identified, alternative options should be examined to avoid any potential damaging effects.

Why do a Habitat Regulations Assessment?

Carrying out a HRA is not only a statutory duty but is also immensely beneficial to the policy process as it is a means of identifying and addressing early on in the process any adverse effects that draft policies and proposals may have. Unlike the Sustainability Appraisal process the HRA requires decisions on the content of the Plan to be based on its findings. Therefore, it goes beyond the material consideration of SA to be weighed in decisions on plan policies and proposals as per the judgement by the European Court of Justice in October 2005.

What stages are there in the Habitat Regulations Assessment?

Herefordshire Council is using the term Habitat Regulations Assessment to cover all the stages of the European Directive process; however it is important to be aware that in other documentation the phrase Appropriate Assessment (AA) is often used to refer to the whole process. Appropriate Assessment is actually one stage in the HRA process.

Stage one: screening stage: This identifies the likely impacts upon a Natura 2000 site of a project or plan, either alone or in combination with other projects or plans, and considers whether these impacts are likely to be significant.

Stage two: Appropriate Assessment (AA): It considers the impacts of a plan or project are assessed against the conservation objectives of a European Site, in order to identify whether there are likely to be any adverse effects on site integrity and site features.

Stage three: Assessment of alternative solutions: Where significant negative effects are identified at the AA stage alternative options should be examined to avoid any potential damaging effects to the integrity of the Natura 2000 Site.

Stage four: Assessment where adverse impacts remain: An assessment of compensatory measures where, in the light of an assessment of Imperative Reasons of Overriding Public Interest (IROPI), it is deemed that the project or plan should proceed. In this case the West Midlands Government Office must be consulted and the Secretary of State for Communities and Local Government will inform the European Commission about the compensatory measures adopted.