Appropriate assessment and the Habitats and Birds Directives

Introduction

Many areas with distinctive plants, animals, habitats, geology or landforms are protected at the international, European, national and local level. Some habitats have been identified as needing priority conservation action under EU Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (OJ OJ L 206, 22.7.1992) (the EU Habitats Directive) and/or EU Directive 2009/147/EC on the conservation of wild birds (OJ L 20, 26.1.2010) (the EU Birds Directive), as they continue to have effect in the EU.

Businesses or individuals who own or work at a site that is in or next to a protected area or priority habitat, may face restrictions on activities and developments. They may need to:

  1. obtain permission (in addition to planning consent) from the relevant enforcing organisation (eg Natural England—the government's adviser on nature conservation)

  2. carry out a survey

  3. assess the potential impact of operations on the natural environment and biodiversity

  4. avoid or mitigate any potentially adverse impacts on the protected area

Where a development or activity requires a licence from Natural England, all necessary planning consents,

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