Habitats Regulations Assessment (Appropriate Assessment)

The Habitats Regulations Assessment (Appropriate Assessment (AA)) is a new requirement that Local Authorities, including Regional Planning Bodies (RPBs) should consider and assess whether development proposals would affect European Sites through the preparation of Local Development Documents (LDDs). European Sites consist of Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). Planning Policy Statement 9 (PPS9): 'Biodiversity and Geological Conservation' states that RAMSAR sites should receive the same protection as SPAs and SACs. Identified RAMSAR sites within Stafford Borough will be included the AA of LDDs. AA aims to ensure that the plan will not have adverse effects on the integrity of sites designated under the Habitats Directive. To view the Habitats Directive, please click here.

To view PPS9 and its accompanying document, 'A Guide to Good Practice' please click here. PPS9 also has an accompanying circular that explains how statutory obligations is integrated between Nature Conservation and planning in general. To view Circular 06/2005: Biodiversity and Geological Conservation 'Statutory Obligations and Their Impact Within the Planning System', please click here.

To view the ODPM (now DCLG) letter informing Local Authorities about the Appropriate Assessment, please click here. To view the Appendix submitted alongside the letter, please click here.

This requirement has been brought about by the United Kingdom's failure to implement Articles 6(3) and 6(4) of the European Directive regarding Habitats (92/43/EEC) through the European Court of Justice (ECJ). It considered that UK law did not adequately transfer the Directive into British legislation. The DCLG have issued guidance for Local Authorities in order to address this issue that was published in August 2006. To view the consultation document titled 'Planning for the Protection of European Sites: Appropriate Assessment' please click here.

To view a diagram of the stages involved with AA, please click here. Further information on the relationship between the Appropriate Assessment and the Stafford Local Development Framework will be issued in due course.