Natura 2000

Appropriate Assessment of Natura sites

Regulation 48 of the Habitats Regulations states that:

“A competent authority, before deciding to undertake or give any consent, permission or other authorisation for, a plan or project which

a) is likely to have a significant effect on a European site in Great Britain (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,

shall make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.”

The need for appropriate assessment extends to plans or projects outwith the boundary of the site in order to determine their implications for the interest(s) protected within the site.

This page is designed to help competent authorities find the key site information they will need in order to carry out an appropriate assessment, and some useful guidance to assist in the process.

Key Site Documents

Competent authorities need to identify the qualifying interests and the conservation objectives for each European site involved in an appropriate assessment. This information is available on SNH’s Sitelink database which has conservation objectives documents for all classified SPAs, designated SACs and candidate SACs in Scotland. Also included are proposed SPAs and possible SACs once public consultation has begun on these sites. The conservation objectives documents include a list of all the qualifying habitats and/or species for each site. Sitelink also contains direct links to JNCC’s website which has more detailed information for each site, including descriptions of qualifying features, site accounts and dataforms.

Useful Guidance

• The Scottish Executive sets out guidance on the implementation of the Habitats and Birds Directives in Scotland in revised circular 6/95, June 2000. The process for consideration of development proposals affecting SPAs and SACs is detailed in Annex E, appendices A and B. It is expected that the revised Circular will be replaced by updated guidance in 2006.
• A Ruling in the European Court of Justice (ECJ) in October 2005 found that that the UK had failed to adequately transpose certain aspects of the Habitats Directive (case C-6/04). One of these aspects related to inadequate appraisal of development plans. As a result there is now a necessity for Scottish Planning Authorities to consider the appropriate assessment of development plans in order to comply fully with the requirements of Article 6 of the Habitats Directive. In May 2006, the Scottish Executive produced interim guidance on the requirement for appropriate assessment of local and structure plans
• SNH has published guidance for competent authorities when dealing specifically with proposals affecting freshwater SACs. The aim of this guidance is to assist competent authorities in assessing whether a proposal is likely to have a significant effect on a qualifying interest, and therefore whether an appropriate assessment is required. It does not seek to provide generic advice on how to undertake an appropriate assessment on these sites. SNH will advise on a case by case basis.
• The European Commission has published information on the provisions of Article 6 of the Habitats Directive, particularly Article 6(3) and 6(4) which deal with the requirement for appropriate assessment and its consequences. The report entitled Managing Natura 2000 Sites: The provisions of Article 6 of the Habitats Directive 92/43/EEC is recommended.