bdswiss erfahrungen

On 12 April 2018, the Court of Justice of the European Union (CJEU) issued a judgement [People Over Wind and Sweetman v Coillte Teoranta (C-323/17)], which ruled that Article 6(3) of the Habitats Directive must be interpreted as meaning that mitigation measures (e.g. SANG) should be assessed within the framework of an Appropriate Assessment (see page 7 Planning Inspectorate Advice Note - Habitat Regulations Assessment, January 2013) and that it is not permissible to take account of measures intended to avoid or reduce the harmful effects of the plan or project (e.g. SANG) at the screening stage.

The implication of this judgement is that a UK local authority cannot take account of any integrated or additional avoidance or reduction measures (e.g. SANG) when considering at the Habitats Regulations Assessment (HRA) screening stage whether a plan is likely to have an adverse effect on a site such as Thames Basin Heaths SPA.

The interpretation of the Directive, as incorporated into UK law by the Conservation of Habitats and Species Regulations 2017, may have a significant effect on developers and in reality, could be quite difficult to implement. For a more detailed explanation, see law firm Browne Jacobson comments.

Tuesday the 16th - Published by Normandy Action Group, 166 Glaziers Lane, Guildford GU3 2EB - with thanks to Keith Witham, Surrey County Councillor - Hostgator Coupon Template