The Conservation of Habitats and Species Regulations 2017

CHAPTER 3 E+W Highways and roads

Construction or improvement of highways or roads E+W

87.—(1) The assessment provisions apply in relation to any plan or project—

(a) by the appropriate authority or a strategic highways company to construct a new highway or to improve, within the meaning of the Highways Act 1980 M1 , an existing highway; or

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

(2) The review provisions apply to any such plan or project as is mentioned in paragraph (1) unless—

(a) the works were completed before 30th October 1994; or

(b) the works have been completed before the site became a European site or a European offshore marine site.

(3) In paragraph (1)(a) “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015 M2 .

Marginal Citations

M1 1980 c. 66. See the definition of “improvement” in section 329(1).

M2 2015 c. 7.

Cycle tracks and other ancillary works E+W

88.  Section 3(10) of the Cycle Tracks Act 1984 (conversion of footpaths into cycle tracks) M3 is not to be taken to deem planning permission to be granted for development which—

(a) is likely to have a significant effect on a European 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,

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

Marginal Citations

M3 1984 c. 38. Section 3(10) was amended by the Planning (Consequential Provisions) Act 1990 (c. 11), Schedule 2, paragraph 66.