Habitat Regulations Assessment
Purpose
The Conservation (Natural Habitats &c.) Regulations 1994, normally referred to as the 'Habitats Regulations,' transpose the requirements of the European Habitats Directive 1992 into UK law. The EC Habitats Directive and UK Habitats Regulations afford protection to plants, animals and habitats that are rare or vulnerable in a European context.
Earlier European legislation, known as the Birds Directive 1979, protects rare and vulnerable birds and their habitats and includes the requirement for all Member States to classify 'Special Protection Areas' (SPA) for birds. This involves each State identifying the most suitable areas of land, water and sea for the protection of rare and vulnerable species listed in the Directive, and areas which are important for migratory species, such as large assemblages of waterfowl.
The Habitats Directive increased the protection afforded to plants, habitats and animals other than birds, through stricter protection of species and by the creation of 'Special Areas of Conservation' (SAC). This required each State, working in bio-geographical regions, to designate the best areas for habitats and species listed in annexes to the Directive. Article 6(1) and (2) of the Habitats Directive impose duties on Member States to establish ecological conservation management measures for these areas, to avoid deterioration of their natural habitats and the habitats of species, and to avoid significant disturbance of the species in the areas.
Importantly, by virtue of Article 7 of the Habitats Directive, the procedures relating to the protection of SAC equally apply to SPA. Article 7 of the Habitats Directive supersedes the previous requirements of the first sentence of Article 4(4) of the Birds Directive.
It should be noted that SPAs and SACs include European Marine Sites, which are designated sites below Highest Astronomical Tide. In addition, European Offshore Marine Sites (EOMS) are also part of the suite of internationally protected sites. Although outside the direct jurisdiction of local planning authorities, there is the potential for indirect effects upon European Offshore Marine Sites as a result of plans or projects under local planning authority control.
The UK is also a contracting party to the Ramsar Convention3. This is a global convention to protect wetlands of international importance, especially those wetlands utilised as waterfowl habitat. In order to ensure compliance with the requirements of the Convention, the UK Government expects all competent authorities to treat listed Ramsar sites as if they are part of the suite of designated European sites, as a matter of policy. Most Ramsar sites are also a SPA or SAC, but the Ramsar features and boundary lines may vary from those for which the site is designated as a SPA or SAC. Collectively proposed and classified SPA, SAC and EOMS are referred to in this assessment as European sites.
Article 6(3) and (4) of the Habitats Directive, and Regulations 48 and 85A - 85E of the Habitats Regulations, impose duties on all public bodies to follow strict regulatory procedures in order to protect the European sites from the effects of plans or projects. Until recently, the assessment of the potential effects of a spatial or land use plan upon European sites was not considered a requirement of the Habitats Directive. A judgment of the European Court of Justice5 required the UK to extend the requirements of Article 6(3) and (4) of the Directive to include the assessment of the potential effects of spatial and land use plans on European sites. The Habitats Regulations have been amended accordingly. It should be noted that the Habitats Regulations Assessment of the Core Strategy, a reassessment of the Full Sail Ahead Regeneration Area and a Habitats Regulations Assessment of an application for outline planning permission on the former power station site within the Full Sail Ahead Regeneration Area were all commissioned by Poole Borough Council at the same time, and the authors of this Record are also the authors of the other two Habitats Regulations Assessment Records. As all three assessments were undertaken and the same time, there are numerous linkages between the documents. It is necessary however, to include as much information in each of the documents to ensure that they each form a robust Record without reliance upon the other Records. It is for this reason that some key sections inevitably appear in more than one of the three Records.
Strategic Planning
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