Chapter 7•Environmental Assessments & Permitting
R11On Track
Apply or modify the Habitats Regulations to reduce costs whilst protecting the environment
Amend Habitats Regulations
Full Recommendation Text
Apply or modify the 2017 Habitats Regulations to:
- Remove the need to prove a negative when drawing a conclusion on impacts, so that the wording of the regulation refers to the need for scientific evidence and excludes merely hypothetical or speculative risks.
- Define 'compensatory measures' to expressly exclude the need for like-for-like compensation and instead accept that overall enhancement and measures to support the coherence of protected sites is sufficient.
- Establish that de minimis effects do not constitute an adverse effect on integrity, including where they have a de minimis contribution to in-combination effects with other projects.
- Legislate to remove the requirement for separate HRA assessments to be completed for each regulator at different stages, unless there has been a material change to a project. This could be achieved by "deeming" that the first assessment meets the tests of any subsequent approval unless there is a fundamental change in circumstances.
- Modify the 2017 Habitats Regulations, to allow mitigation measures to be considered at Stage 1 of the Habitats Regulations assessment process.
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Ownership
Primary Owner
DEFRA
Key Regulators
Environment AgencyNatural England
Delivery Timeline
759 days
31 Dec 27
Original target: December 2027
Scope
Sectors
civil
Domains
environmentallegislation
Implementation Type
primary legislationsecondary legislation
Dependencies
Enables
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