The Conservation of Habitats and Species and Planning (England and Wales) Regulations 2018

Coming into force on 28th December 2018 across England, Wales, Scotland and Northern Ireland, these amendments are made following recent European case law in relation to the assessment of plans and projects on sites protected under Directive 92/43/EEC (the Habitats Directive). 

The Conservation of Habitats and Species Regulations 2017
The ruling made the decision that it isn’t appropriate to take account of mitigation measures at the ‘screening stage’ and instead they should be considered at the ‘appropriate assessment stage’.

This amendment states that for the below planning tools, there is now a requirement to assess the implications of the project/plan for European sites applies.  

Planning tools are:

• special development orders;
• local development orders;
• neighbourhood development orders;
• simplified planning zones;
• enterprise zones; and
• cycle tracks.

The Neighbourhood Planning (General) Regulations 2012
This amendment revises one of the basic conditions for making a neighbourhood plan.

The Town and Country Planning (Permission in Principle) Order 2017
This amendment ensures that permission in principle, a type of planning consent, for developments affecting European sites, are authorised under Regulation 63 of the Conservation of Habitats and Species Regulations 2017.

The Town and Country Planning (Brownfield Land Register) Regulations 2017
This amendment ensures that inclusion on Part 2 of the brownfield land register for developments effecting European sites is authorised under Regulation 63 of the Conservation of Habitats and Species Regulations 2017.