The Conservation (Natural Habitats, &c.) Regulations 1994

[F1 Highways and roads E+W+S

Textual Amendments

F1 Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

Construction or improvement of highways or roads E+W+S

69.— (1) Regulations 48 and 49 (requirement to consider effect on [F2 European sites in Great Britain and European offshore marine sites]) apply in relation to any plan or project–

(a) by the Secretary of State–

(i) to construct a new highway or to improve, within the meaning of the Highways Act 1980(1), an existing highway, or

(ii) to contruct a new road or to improve, within the meaning of the Roads (Scotland) Act 1984(2), an existing road; or

(b) by a local highway authority or local roads authority, to carry out within the boundaries of a road any works required for the improvement of the road.

(2) Regulations 50 and 51 (requirement to review certain decisions and consents, &c.) apply to any such plan or project as is mentioned in paragraph (1) unless the works have been completed before the site became a European site [F3 or European offshore marine site] or, if later, the commencement of these Regulations.

Textual Amendments

F2 Words in reg. 69(1) substituted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(39)(a) (with reg. 9)

F3 Words in reg. 69(2) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(39)(b) (with reg. 9)

Commencement Information

I1 Reg. 69 in force at 30.10.1994, see reg. 1(2)

[F4 Core and other paths S

69A.— (1) Regulations 48 and 49 (requirement to consider effect on [F5 European sites in Great Britain and European offshore marine sites]) apply in relation to a local authority’s proposal—

(a) to draw up or change a plan for core paths under section 17 of the Land Reform (Scotland) Act 2003 (asp 2);

(b) to enter a path agreement under section 21 of that Act;

(c) to create or maintain a path delineated under such an agreement;

(d) as to how any such path is to be created or maintained;

(e) to make a path order under section 22 of that Act;

(f) as to how any path delineated under such an order is to be created or maintained.

(2) Regulations 50 and 51 (requirement to review certain decisions) apply to any decision by a local authority in relation to any of the things mentioned in paragraph (1).]

Textual Amendments

F4 S. 69A inserted (S.) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), s. 100(3), Sch. 2 para. 16; S.S.I. 2005/17, art. 2(b)

F5 Words in s. 69A substituted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(40) (with reg. 9)

Cycle tracks and other ancillary works E+W+S

70.   As from the commencement of these Regulations, section 3(10) of the Cycle Tracks Act 1984(3) and section 152(4) of the Roads (Scotland) Act 1984 shall cease to have effect to deem planning permission to be granted for development which–

(a) is likely to have a significant effect on a European site in Great Britain (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,

whether or not the development authorised by the permission has been begun.]

Commencement Information

I2 Reg. 70 in force at 30.10.1994, see reg. 1(2)

(1)

1980 c. 66; the expression “improvement” is defined in section 329(1) of the Act.

(2)

1984 c. 54; the expression “improvement” is defined in section 151(1) of the Act.

(3)

1984 c. 38.