Citation

1. These Regulations may be cited as the Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007.

Commencement

2. —(1) Subject to paragraph (2), these Regulations come into force on 21st August 2007.

(2) Paragraph (21) of regulation 5 comes into force on 21st November 2007.

Extent

3. —(1) Except as provided for in this regulation, these Regulations extend to England and Wales only.

(2) Regulations 1, 2 and 4 and this regulation also extend to Scotland so far as necessary.

(3) In regulation 5, paragraphs (2)(a), (2)(d) (except in respect of the definitions “premises” and “sample”), (3) (in respect of the insertion of paragraph (2B) only), (6), (22), (23)(a), (c) and (d), (24)(b), (25) to (27), (29)(c) and (d), (30), (33) to (35), (37) to (39), (41), (42), (44), (45) and (61) also extend to Scotland.

(4) Paragraphs (28), (29)(b), (32), (40), (47), (49) and (51) to (54) of regulation 5 extend to Scotland only.

(5) Regulations 6 and 7 also extend to any place (except Scotland) to which the enactments they amend extend.

Interpretation

4. In these Regulations, “ the 1994 Regulations ” means the Conservation (Natural Habitats, &c.) Regulations 1994 .

Amendments of the 1994 Regulations

5. —(1) The 1994 Regulations are amended as follows.

(2) In regulation 2 (interpretation and application), in paragraph (1)—

(a) before the definition of “agriculture Minister” insert the following definition—

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in the appropriate places insert the following definitions—

“ “ British fishery limits ” has the meaning given by the Fishery Limits Act 1976 ; ” ;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After paragraph (2) of regulation 2 (interpretation and application) insert—

“ (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) Any reference to a numbered provision of these Regulations is—

(a) in relation to England and Wales, to the provision of that number which has effect in England and Wales; and

(b) in relation to Scotland, to the provision of that number which has effect in Scotland. ” .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For regulation 4 (nature conservation bodies) substitute the following regulation—

“ Nature Conservation bodies

4. —(1) Subject to paragraph (2), in these Regulations “ nature conservation body ” means Natural England, the Countryside Council for Wales or Scottish Natural Heritage; and references to “ the appropriate nature conservation body ”, in relation to England, Wales or Scotland shall be construed accordingly.

(2) In Parts IV and IVA of these Regulations, “nature conservation body” also includes the Joint Nature Conservation Committee, and references to “ the appropriate nature conservation body ” in relation to a European offshore marine site shall be construed as meaning the Joint Nature Conservation Committee. ” .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(22) In regulation 47 (application of provisions of this Part)—

(a) in paragraph (1)(a), after “European sites” insert “ in Great Britain and European offshore marine sites ” ;

(b) in paragraph (2)(b), after “European site” insert “ in Great Britain or European offshore marine site ” ; and

(c) after paragraph (2), add—

“ (3) Nothing in these Regulations requires an appropriate assessment of any plan or project to be carried out on or in any part of the waters or on or in any part of the seabed or subsoil comprising the offshore marine area, or on or in relation to an offshore marine installation. ” .

(23) In regulation 48 (assessment of implications for European site)—

(a) in paragraph (1)(a), after “Great Britain” insert “ or a European offshore marine site ” ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in paragraph (5), after “European site” insert “ or European offshore marine site (as the case may be) ” ;

(d) for paragraph (7), substitute—

“ (7) 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. ” ; and

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24) In regulation 49 (considerations of overriding public interest)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (5) for “a European site” substitute “ the site concerned ” .

(25) In regulation 50 (review of existing decisions and consents, &c), in paragraph (1), after “European site” insert “ or a European offshore marine site ” .

(26) In regulation 52 (co-ordination where more than one competent authority involved), in sub-paragraphs (a) and (b) of paragraph (3), after “European site” insert “ or a European offshore marine site ” .

(27) In regulation 53 (compensatory measures), in paragraph (a), after “European site” insert “ or European offshore marine site ” .

(28) In regulation 53A (control of operations requiring consent)—

(a) in paragraph (1) for “European site” substitute “ European sites in Great Britain and European offshore marine sites ” ; and

(b) in paragraph (2), after “European site” insert “ or European offshore marine site ” .

(29) In regulation 54 (grant of planning permission)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (2) for “European site” substitute “ European sites in Great Britain and European offshore marine sites ” ;

(c) in paragraph (3), after “European site” insert “ or European offshore marine site ” ; and

(d) in paragraph (4), after “European site” insert “ or European offshore marine site ” .

(30) In regulation 56(3) (planning permission: consideration on review), after “European site” insert “ or European offshore marine site ” .

(31) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(32) In regulation 58(6) (effect of orders made on review: Scotland), after “European site” insert “or European offshore marine site” .

(33) In regulation 60 (general development orders), in paragraph (1)(a), after “Great Britain” insert “ or a European offshore marine site ” .

(34) In regulation 62 (general development orders: approval of local planning authority), in paragraph (6)—

(a) after “In any other case” insert “ in which the application has been sent to the appropriate nature conservation body, ” ; and

(b) after “European site” insert “ or European offshore marine site ” .

(35) In regulation 64 (special development orders)—

(a) in paragraph (2), for “this regulation” substitute “ paragraph (1) ” ; and

(b) after paragraph (2) insert the following paragraph—

“ (3) A special development order made on or after 21st August 2007 may not grant planning permission for development which is likely to have a significant effect on a European offshore marine site (either alone or in combination with other plans or projects). ” .

(36) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(37) After regulation 65 (simplified planning zones) insert the following regulation—

“ Simplified planning zones and European offshore marine sites

65A. The adoption or approval of a simplified planning zone scheme on or after 21st August 2007 shall not have effect to grant planning permission for development which is likely to have a significant effect on a European offshore marine site (either alone or in combination with other plans or projects). ” .

(38) After regulation 66 (enterprise zones) insert the following regulation—

“ Enterprise zones and European offshore marine sites

66A. An order designating an enterprise zone, or the approval of a modified scheme, if made or given on or after 21st August 2007, shall not have effect to grant planning permission for development which is likely to have a significant effect on a European offshore marine site (either alone or in combination with other plans or projects). ” .

(39) In regulation 69 (construction or improvement of highways or roads)—

(a) in paragraph (1) for “European site” substitute “ European sites in Great Britain and European offshore marine sites ” ; and

(b) in paragraph (2) after “European site” insert “ or European offshore marine site ” .

(40) In regulation 69A(1) (core and other paths) for “European site” substitute “ European sites in Great Britain and European offshore marine sites ” .

(41) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(43) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(44) In regulation 83 (authorisations under Part I of the Environmental Protection Act 1990)—

(a) omit paragraphs (1) and (2);

(b) in paragraph (3), for “such authorisation as is mentioned in paragraph (1)” substitute “ authorisation under Part I of the Environmental Protection Act 1990 ” ; and

(c) in paragraph (5) omit “agreeing to a plan or project, or”.

(45) In regulation 84 (licences under Part II of the Environmental Protection Act 1990)—

(a) in paragraph (1)—

(i) for “European site” substitute “ European sites in Great Britain and European offshore marine sites ” ,

(ii) at the end of sub-paragraph (a) add “, and”,

(iii) at the end of sub-paragraph (b) omit “, and”, and

(iv) omit sub-paragraph (c);

(b) in paragraph (2) after “European site” insert “ or European offshore marine site ” ; and

(c) in paragraph (4) after “European site” insert “ or European offshore marine site ” .

(46) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(47) In regulation 84A (permits under the Pollution Prevention and Control (Scotland) Regulations 2000) as it has effect in Scotland—

(a) in paragraph (1), for “European site” substitute “ European sites in Great Britain and European offshore marine sites ” ;

(b) in paragraph (2), after “European site” insert “ or European offshore marine site ” ; and

(c) in paragraph (4), after “European site” insert “ or European offshore marine site ” .

(48) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(49) In regulation 84B (abstraction and works authorised under water legislation) as it has effect in Scotland—

(a) in paragraph (2), after “European site” insert “ or European offshore marine site ” ; and

(b) in paragraph (4), after “European site” insert “ or European offshore marine site ” .

(50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(51) In regulation 85B (assessment of implications for European site) as it has effect in Scotland—

(a) in paragraph (1)(a), after “Great Britain” insert “ or a European offshore marine site ” ;

(b) in paragraph (4), after “European site” insert “ or the European offshore marine site (as the case may be) ” ; and

(c) for paragraph (6) substitute—

“ (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. ” .

(52) In regulation 85C (considerations of overriding public interest) as it has effect in Scotland—

(a) in paragraph (1), after “European site” insert “ or the European offshore marine site (as the case may be) ” ; and

(b) in paragraph (5), for “a European site” substitute “ the site concerned ” .

(53) In regulation 85D (co-ordination for land use plan prepared by more than one planning authority) as it has effect in Scotland, in sub-paragraphs (a) and (b) of paragraph (3), after “European site”, insert “ or a European offshore marine site ” .

(54) In regulation 85E as it has effect in Scotland, after “European site” insert “ or a European offshore marine site ” .

(55) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(56) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(57) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(58) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(59) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(61) After regulation 108 (service of notices) add the following regulations—

“ Advisory role of the JNCC

109. —(1) The Joint Nature Conservation Committee may provide advice or make representations to any competent authority in relation to—

(a) any question as to whether that authority is obliged to carry out an appropriate assessment in relation to a European offshore marine site under these Regulations;

(b) any appropriate assessment on which that authority is obliged to consult the Committee under these Regulations;

(c) any application made pursuant to regulation 62 of these Regulations and sent to the Committee by that authority pursuant to regulation 62(4); and

(d) any decision of the Secretary of State in respect of which notice has been served on it by him under regulation 72(2)(b), 76(2)(b) or 80(2)(b) of these Regulations.

(2) The Joint Nature Conservation Committee may undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or making representations under this regulation.

(3) In this regulation and regulation 110 of these Regulations, “ research ” includes inquiries and investigations.

Advisory role of Natural England, the Countryside Council for Wales and Scottish Natural Heritage

110. —(1) Natural England may—

(a) provide advice and assistance, or make representations, to any competent authority on any matter which relates to England and is connected with the discharge of the competent authority's functions under these Regulations; and

(b) undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a).

(2) The Countryside Council for Wales may—

(a) provide advice and assistance, or make representations, to any competent authority on any matter which relates to Wales and is connected with the discharge of the competent authority's functions under these Regulations; and

(b) undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a).

(3) Scottish Natural Heritage may—

(a) provide advice and assistance, or make representations, to any competent authority on any matter which relates to Scotland and is connected with the discharge of the competent authority's functions under these Regulations; and

(b) undertake, commission or support (whether by financial means or otherwise) such research and scientific work as it considers is required for the purposes of providing advice or assistance or making representations under sub-paragraph (a). ” .

(62) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Conservation of Seals Act 1970

6. In section 10 (power to grant licences) of the Conservation of Seals Act 1970 —

(a) after subsection (4) insert the following subsection—

“ (4A) A licence under this section does not authorise the use of any method of killing or taking seals which is inconsistent with regulation 41 of the Conservation (Natural Habitats, &c.) Regulations 1994 or any other enactment for the time being in force for the purpose of giving effect to Article 15 of the Habitats Directive (as read subject to any derogation permitted by Article 16 of that Directive). ” ; and

(b) after subsection (5) add the following subsection—

“ (6) In subsection (4A), the Habitats Directive means the Directive of the Council of the European Communities dated 21st May 1992 (No. 92/43/EEC ) on the conservation of natural habitats and of wild flora and fauna. ” .

Amendment of the Wildlife and Countryside Act 1981

7. —(1)The Wildlife and Countryside Act 1981 is amended as follows.

(2) In section 1 (protection of wild birds, their nests and eggs)—

(a) in subsection (3A)—

(i) in paragraph (c), for the words “Council Directive “ the Wild Birds Directive ” , and

(ii) in paragraph (d), for the words “the Council Directive referred to in paragraph (c)” substitute “ the Wild Birds Directive ” ; and

(b) in subsection (6A), for the words “the Directive of the Council of the European Communities dated 2nd April 1979 (No “ the Wild Birds Directive ” .

(3) In section 6 (sale etc of live or dead wild birds, eggs etc), in subsection (5A), for the words “the Directive of the Council of the European Communities dated 2nd April 1979 (No “ the Wild Birds Directive ” .

(4) In section 9 (protection of certain wild animals), for subsection (4) substitute the following subsection—

“ (4) Subject to the provisions of this Part, a person is guilty of an offence if intentionally or recklessly—

(a) he damages or destroys any structure or place which any wild animal specified in Schedule 5 uses for shelter or protection;

(b) he disturbs any such animal while it is occupying a structure or place which it uses for shelter or protection; or

(c) he obstructs access to any structure or place which any such animal uses for shelter or protection. ” .

(5) In section 16 (power to grant licences), in subsection (9A), for the words “the Directive of the Council of the European Communities dated 2nd April 1979 (No “ the Wild Birds Directive ” .

(6) In section 27 (interpretation of Part I), before the definition of “wild plant” insert the following definition—

“ “ the Wild Birds Directive ” means Council Directive 79/409/EEC on the conservation of wild birds ; ” .

(7) In Schedule 5 (animals which are protected)—

(a) after each of “Butterfly, Large Blue”, “Cat, Wild”, “Dormouse”, “Lizard, Sand”, “Otter, Common”, “Snake, Smooth”, “Sturgeon”, and “Toad, Natterjack”, insert “ (in respect of section 9(4)(b) and (c) and (5) only) ” ;

(b) after “Bats, Horseshoe (all species” insert “ but in respect of section 9(4)(b) and (c) and (5) only ” ;

(c) after “Bats, Typical (all species” insert “ but in respect of section 9(4)(b) and (c) and (5) only ” ;

(d) for “Newt, Great Crested (otherwise known as Warty newt)” substitute “ Newt, Great Crested or Warty (in respect of section 9(4)(b) and (c) and (5) only) ” ;.

(e) omit “Turtles, Marine (all species)” and “Dermochelyidae and Cheloniidae”;

(f) after “Whales (all species” insert “ but in respect of section 9(4A) and (5) only ” ;

(g) omit any entries relating to dolphins or porpoises; and

(h) add at the appropriate place the following entries—

(8) In Schedule 8 (plants which are protected)—

(a) after “Dock, Shore” insert “ (in respect of section 13(2) only) ” ;

(b) after “Fern, Killarney” insert “ (in respect of section 13(2) only) ” ;

(c) after “Gentian, Early” insert “ (in respect of section 13(2) only) ” ;

(d) after “Lady's-slipper” insert “ (in respect of section 13(2) only) ” ;

(e) after “Marshwort, Creeping” insert “ (in respect of section 13(2) only) ” ;

(f) after “Naiad, Slender” insert “ (in respect of section 13(2) only) ” ;

(g) after “Orchid, Fen” insert “ (in respect of section 13(2) only) ” ;

(h) after “Plantain, Floating Water” insert “ (in respect of section 13(2) only) ” ; and

(i) after “Saxifrage, Marsh” insert “ (in respect of section 13(2) only) ” .

Amendment of the Countryside and Rights of Way Act 2000

8. Omit sub-paragraph (a) of paragraph 5 of Schedule 12 to the Countryside and Rights of Way Act 2000 .

Transitional provisions

9. —(1) In relation to any offence alleged to have been committed under regulation 39(2)(a) of the 1994 Regulations before 21st November 2007, it shall be a defence for any person to show—

(a) that an application for a licence under regulation 44 of the 1994 Regulations had been made by him (or on his behalf) to the appropriate authority before that date to authorise the possession or control of the animal, part of an animal or other thing in question;

(b) that the application had not been refused by the appropriate authority to whom the application had been made; and

(c) that—

(i) the animal in question, or the animal from which the part or the thing in question is derived, had not been taken or killed, or had been lawfully taken or killed, before 21st August 2007; or

(ii) the animal, part of an animal or other thing in question had been lawfully sold (whether to him or to any other person) before 21st August 2007.

(2) In relation to any offence alleged to have been committed under regulation 43(2)(a) of the 1994 Regulations before 21st November 2007, it shall be a defence for any person to show—

(a) that an application for a licence under regulation 44 of the 1994 Regulations had been made by him (or on his behalf) to the appropriate authority before that date to authorise the possession or control of the plant, part of a plant or other thing in question; and

(b) that the application had not been refused by the appropriate authority to whom the application had been made; and

(c) that the plant, part of a plant or other thing in question had been lawfully sold (whether to him or to any other person) before 21st August 2007.

(3) In this regulation—

“ appropriate authority ” means—

“ lawfully ” means without any contravention of the 1994 Regulations or Part 1 of the Wildlife and Countryside Act 1981.

Regulation 5(55)

SCHEDULE 1 Part IVA of the 1994 Regulations

“ PART IVA APPROPRIATE ASSESSMENTS FOR LAND USE PLANS FOR ENGLAND AND WALES

Interpretation

85A. —(1) This Part extends to England and Wales only.

(2) In this Part—

“ the 1990 Act ” means the Town and Country Planning Act 1990 ;

“ the 1999 Act ” means the Greater London Authority Act 1999 ;

“ the 2004 Planning Act ” means the Planning and Compulsory Purchase Act 2004 ;

“ the 2005 Order ” means the Planning and Compulsory Purchase Act 2004 (Commencement No.3 and Consequential, Transitional and Saving Provisions) (Wales) Order 2005 ;

“ land use plan ” means—

“ plan-making authority ” means—

(3) References in this Part to giving effect to a land use plan are to—

(a) the publication, under section 9(6) (RSS: further procedure) of the 2004 Planning Act, of a revision of a regional spatial strategy;

(b) the approval, under section 21(9) or section 27(4) of the 2004 Planning Act, of a local development document;

(c) the adoption, under section 23 (adoption of local development documents) of the 2004 Planning Act, of a local development document other than a statement of community involvement under section 18 (statement of community involvement) of that Act;

(d) the publication, under section 341 (alteration or replacement) of the 1999 Act, of alterations of the spatial development strategy or a new spatial development strategy to replace it;

(e) the publication, under section 60 (Wales Spatial Plan) of the 2004 Planning Act, of a revision of the Wales Spatial Plan;

(f) the adoption, under section 67 (adoption of local development plan) of the 2004 Planning Act, of a local development plan;

(g) the approval, under section 65(9) or section 71(4) of the 2004 Planning Act, of a local development plan;

(h) the adoption, under section 35(1) (adoption of proposals), or approval under section 35A(4) of the 1990 Act, of an alteration or replacement of a structure plan to the extent permitted by paragraph 2(2) of Schedule 8 to the 2004 Planning Act;

(i) the adoption, under section 15(1) (adoption of unitary development plans by local planning authority) and that provision as applied by section 21(2) (alteration or replacement) of the 1990 Act, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4(1) of Schedule 8 to the 2004 Planning Act;

(j) the approval, under section 19(1) and that provision as applied by section 21(2) of the 1990 Act, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4(1) of Schedule 8 to the 2004 Planning Act;

(k) the adoption, under section 43(1) (adoption of proposals) or approval under section 45(1) of the 1990 Act, of an alteration or replacement of a local plan or a minerals local plan or waste local plan to the extent permitted by paragraph 9(1), 10(1) or 14 of Schedule 8 to the 2004 Planning Act;

(l) the adoption, under section 15(1) of the 1990 Act, of a unitary development plan to the extent permitted by section 122(3) of the 2004 Planning Act and article 4 of the 2005 Order; or

(m) the approval, under section 19(1) of the 1990 Act, of a unitary development plan to the extent permitted by section 122(3) of the 2004 Planning Act and article 4 of the 2005 Order.

Assessment of implications for European sites and European offshore marine sites

85B. —(1) Where a land use plan—

(a) is likely to have a significant effect on a European site in Great Britain or 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 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 specifies.

(3) They shall also, if they consider it appropriate, take the opinion of the general public, and if they do so, they shall take such steps for that purpose as they consider 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 or, in the case of a regional spatial strategy, the Secretary of State shall give effect to the land use plan only after having ascertained that it will not adversely affect the integrity of the European site or the European offshore marine site (as the case may be).

(5) A plan-making authority shall provide such information as the Secretary of State or the Welsh Ministers may reasonably require for the purposes of the discharge of the obligations of the Secretary of State or the Welsh Ministers under this Part.

(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.

Considerations of overriding public interest

85C. —(1) If the plan-making authority is satisfied that, there being no alternative solutions, the land use plan must be given effect for imperative reasons of overriding public interest (which, subject to paragraph (3), may be of a social or economic nature), they may give effect to the land use plan notwithstanding a negative assessment of the implications for the European site or the European offshore marine site (as the case may be).

(2) In relation to a regional spatial strategy under Part 1 (regional functions) of the 2004 Planning Act, paragraph (1) applies to the Secretary of State as it applies to a plan-making authority in the case of any other land use.

(3) Where the site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (1) must be either—

(a) reasons relating to human health, public safety or beneficial consequences of primary importance to the environment, or

(b) any other imperative reasons of overriding public interest, provided that the competent authority has had due regard to the opinion of the European Commission in satisfying themselves that there are such reasons.

(4) Where a plan-making authority, other than the Secretary of State or the Welsh Ministers, desire to obtain the opinion of the European Commission as to whether reasons are to be considered imperative reasons of overriding public interest, they shall submit a written request to the Secretary of State for a plan relating to England and to the Welsh Ministers for a plan relating to Wales—

(a) identifying the matter on which an opinion is sought, and

(b) accompanied by any documents or information which may be required.

(5) The Secretary of State may, if he thinks fit, seek the opinion of the European Commission for—

(a) a plan relating to England; or

(b) at the request of the Welsh Ministers, a plan relating to Wales.

(6) The Secretary of State shall send any opinion obtained under paragraph (5) to—

(a) in the case of a plan relating to England, the plan-making authority, and

(b) in the case of a plan relating to Wales, the Welsh Ministers.

(7) The Welsh Ministers shall, upon receiving the opinion, transmit it to the plan-making authority.

(8) Where a plan-making authority, other than the Secretary of State or the Welsh Ministers, propose to give effect to a land use plan under this regulation, they shall notify—

(a) the Secretary of State, if the plan relates to England; or

(b) the Welsh Ministers, if the plan relates to Wales.

(9) The plan-making authority shall not give effect to the land use plan before the end of the period of 21 days beginning with the day notified by the Secretary of State or the Welsh Ministers as that on which their notification was received, unless—

(a) the Secretary of State, in relation to a plan relating to England, or

(b) the Welsh Ministers, in relation to a plan relating to Wales,

notifies them that they may do so.

(10) Without prejudice to any other power, the Secretary of State (in relation to a plan relating to England), or the Welsh Ministers (in relation to a plan relating to Wales), may give directions to the authority in any such case prohibiting them from giving effect to the land use plan, either indefinitely or during such period as may be specified in the direction.

Co-ordination for land use plan prepared by more than one authority

85D. —(1) The following provisions apply where two or more local planning authorities prepare a joint local development document under section 28 (joint local development documents) or a joint local development plan under section 72 (joint local development plans) of the 2004 Planning Act.

(2) Nothing in paragraph (1) of regulation 85B (assessment of implications for European site or European offshore marine site) requires a local planning authority to assess any implications of a joint local development document or plan which would be more appropriately assessed under that provision by another local planning authority.

(3) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may issue guidance to local planning authorities for the purposes of regulation 85B(1) as to the circumstances in which an authority may or should adopt the reasoning or conclusions of another authority as to whether a joint local planning document or plan—

(a) is likely to have a significant effect on a European site or European offshore marine site, or

(b) will adversely affect the integrity of a European site or European offshore marine site.

(4) The local planning authorities concerned shall have regard to any such guidance.

(5) In determining whether a joint local development document or plan should be adopted under regulation 85C (considerations of overriding public interest), a local planning authority shall seek and have regard to the views of the other local planning authorities concerned.

Compensatory measures

85E. Where in accordance with regulation 85C (considerations of overriding public interest) a land use plan is given effect notwithstanding a negative assessment of the implications for a European site or European offshore marine site, the Secretary of State (where the plan relates to England) and the Welsh Ministers (where the plan relates to Wales) shall secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected. ”

Regulation 5(62)

SCHEDULE 2

Regulation 39(8)(a)

“ SCHEDULE 2A EXCLUDED POPULATIONS OF CERTAIN SPECIES

NOTE: The common name or names given in the first column to this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names must not be taken into account. ”