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

[F1[F2Assessment of implications for European siteE+W+S

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.]]]

Textual Amendments

F1Regulations 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)