5.1.2 Assessing
certain types of operation
a. Plans
and projects
In addition to relevant
authorities’ functions in managing
activities through the management scheme,
they and other competent authorities have
certain specific statutory functions to
decide on applications for consents, authorisations,
licences and permissions. These are “plans
or projects” (p/ps) under the Habitats
Directive. At present, only certain types
of operations affecting marine and coastal
areas (e.g. planning applications, discharge
consents, transport and works orders) are
specifically defined as p/ps in the UK
Habitats Regulations. However, guidance
from the European Commission [101]
makes it clear that the ‘Habitats’ Directive
indicates a broad interpretation should
be taken to ‘plan’ and ‘project.
Further UK Regulations are to be enacted
to apply the Directive’s requirements
about p/ps to other types of operation,
but at time of writing it is not known
to which types of operation the new Regulations
will apply.
The 1994 Habitats Regulations
set out the procedure that must be followed
for the consideration of a p/p. This is
summarised in Figure
17. , which is taken from Planning
Guidance issued by the former Welsh Office
(Planning Guidance (Wales) Technical
Advice Note (TAN) 5: Nature Conservation
and Planning. Welsh Office, November
1996). In essence, the process is as follows:
For any proposed p/p, the competent authority
should make an initial consideration, in
consultation with CCW, to establish whether
or not it is likely to have a significant
effect. They may proceed where it is not
likely to have such an effect. If a significant
effect is likely, either alone or in combination
with other p/ps, an appropriate assessment
must be undertaken to establish whether
the p/p will have an adverse effect on
the integrity of the site. If the assessment
reveals that it will not have an adverse
effect, the p/p may proceed.
Although the process
outlined in Figure
17. is applied specifically to the
consideration of proposed developments
by planning authorities, similar steps
are applied by the Regulations to any type
of p/p. A p/p for which consent has been
given but which has not yet been implemented,
must be reviewed as soon as practicable
by the competent authority, under a similar
process to that set out in Figure
17.
The decision about whether
or not to give consent to a p/p affecting
an SAC is made by the competent authority
which would normally be responsible for
authorising it. This authority should seek
the advice of CCW who will, on request,
advise on the significance of any activity
or p/p which has the potential to affect
the Bottlenose dolphins.
A fuller account of the
procedure relating to PPs is contained
in:
- Planning
Guidance (Wales) Technical Advice
Note (TAN) 5: Nature Conservation
and Planning (Welsh Office, November
1996);
- European
marine sites in England & Wales (Welsh
Office and DETR, June 1998);
- The Birds
and Habitats Directives: Outline
Government Position (DETR, May
1998);
- Managing
Natura 2000 sites: The provisions
of Article 6 of the ‘Habitats’ Directive
92/43/EEC. (European Commission
April 2000).
Figure
17. Consideration of development
proposals affecting SPAs and SACs.
b. Environmental
Impact Assessment
Box 3.
Environmental Impact Assessment
It is important not to confuse an “appropriate
assessment” of a plan or project
in an SAC with an “Environmental
Impact Assessment” (EIA).
Under EIA legislation, which is
separate to the Habitats Directive,
certain types of development (e.g.
planning consents, highway construction,
afforestation) must undergo an
assessment of their environmental
effects. These requirements [102]
apply irrespective of whether there
is an SAC involved, and would normally
address a wider range of nature
conservation and environmental
aspects than the features of an
SAC. Where an SAC is likely to
be affected by a development requiring
an EIA, it will be taken into account
as part of the EIA, and the EIA
may itself be used to fulfil the
requirement for an appropriate
assessment.
It is not practical to identify in this
management plan the types of operation
likely to affect the bottlenose
dolphin population or its habitat
which would be subject to EIA.
It is considered sufficient to
identify which should be considered
as plans or projects under the
Habitats Directive and hence which
may require appropriate assessment.
In each case, the competent authority
responsible for considering a proposed
operation must ensure that it complies
with both sets of requirements.
Some types of operation will require
appropriate assessment but not
EIA, and vice versa. |
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