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The Conservation (Natural Habitats, &c.) Regulations 1994
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- UK Statutory Instruments
- 1994 No. 2716
- PART IVA
- Regulation 85B
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Changes over time for: Section 85B
Version Superseded: 01/04/2010
Alternative versions:
- 15/02/2007- Amendment
- 21/08/2007- Amendment
- 21/08/2007
Point in time - 01/04/2010- Amendment
- 31/12/2020- Amendment
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Point in time view as at 21/08/2007. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Conservation (Natural Habitats, &c.) Regulations 1994, Section 85B.
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[F1Assessment of implications for European siteS
85B.—(1) Where a land use plan–
(a)is likely to have a significant effect on a European site in Great Britain [F3or a European offshore marine site] (either alone or in combination with other plans or projects); and
(b)is not directly connected with or necessary to the management of the site,
the plan-making authority for that land use plan shall, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site's conservation objectives.
(2) The plan-making authority shall for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body within such reasonable time as the authority may specify.
(3) The plan-making authority shall, if it considers it appropriate, take the opinion of the general public, and in doing so, shall take such steps for that purpose as it considers appropriate.
(4) In the light of the conclusions of the assessment, and subject to regulation 85C (considerations of overriding public interest), the plan-making authority shall give effect to the land use plan only after having ascertained that it will not adversely affect the integrity of the European site [F4or the European offshore marine site (as the case may be)] .
(5) A plan-making authority other than the Scottish Ministers shall provide such information as the Scottish Ministers may reasonably require–
(a)to enable the Scottish Ministers to determine whether an assessment under paragraph (1) is required; or
(b)for the purposes of an assessment under paragraph (1).
[F5(6) This regulation does not apply in relation to a site which is—
(a)a European site by reason of regulation 10(1)(c); or
(b)a European offshore marine site by reason of regulation 15(c) of the 2007 Regulations.]]
Extent Information
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F1Pt. 4A inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 2, sch. 1
F3Words in reg. 85B(2) inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(51)(a) (with reg. 9)
F4Words in reg. 85B(4) inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(51)(b) (with reg. 9)
F5Reg. 85B(6) substituted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(51)(c) (with reg. 9)
[F6Assessment of implications for European sites and European offshore marine sitesE+W
85B.—(1) Where a land use plan—
(a)is likely to have a significant effect on a European site in Great Britain or a European offshore marine site (either alone or in combination with other plans or projects), and
(b)is not directly connected with or necessary to the management of the site,
the plan-making authority for that plan shall, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site's conservation objectives.
(2) The plan-making authority shall for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body within such reasonable time as the authority specifies.
(3) They shall also, if they consider it appropriate, take the opinion of the general public, and if they do so, they shall take such steps for that purpose as they consider appropriate.
(4) In the light of the conclusions of the assessment, and subject to regulation 85C (considerations of overriding public interest), the plan-making authority or, in the case of a regional spatial strategy, the Secretary of State shall give effect to the land use plan only after having ascertained that it will not adversely affect the integrity of the European site or the European offshore marine site (as the case may be).
(5) A plan-making authority shall provide such information as the Secretary of State or the Welsh Ministers may reasonably require for the purposes of the discharge of the obligations of the Secretary of State or the Welsh Ministers under this Part.]
(6) This regulation does not apply in relation to a site which is—
(a)a European site by reason of regulation 10(1)(c); or
(b)a European offshore marine site by reason of regulation 15(c) of the 2007 Regulations.
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F6Pt. 4A inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(55), Sch. 1 (with reg. 9)
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