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Habitat Regulations Assessment revision (2018) consultation

It has been necessary to carry out further work to the Habitat Regulations Assessment [HRA], which forms part of the evidence base to the Eden Local Plan 2014 to 2032. A revision to the HRA is now available for consultation.

Eden District Council took the decision to undertake this additional work to the Local Plan following a change to the interpretation of the Habitats Directive legislation. Please see below for background information.

Consultation document

Habitat Regulations Assessment Revision July 2018 (PDF: 891 Kb / 31 pages)

How to comment on the document

The consultation is open for 21 days from 9am on Saturday 14 July 2018 and all representations must be received by 9am on Saturday 4 August 2018.

Use the Habitat Regulations Assessment Revision Consultation online form on Survey Monkey to submit your comments.

To submit your comments in writing to Planning Policy use the contact details at the end of the page.

All responses will be published including the name of the sender, although no other personal information will be made publicly available. Anonymous representations will not be accepted.

If you refer to a specific part of the document in your response please use the page and paragraph numbers in the document to make this clear. If you are referring to a specific part of the document please use page and paragraph numbers to make this clear.

Background information

The recent Court of Justice of the European Union [CJEU] judgement (People over Wind & Sweetman v Coillte Teoranta Case C-323/17) ruled that Article 6(3) of the Habitats Directive must be interpreted as meaning that mitigation measures (referred to in the judgement as measures which are intended to avoid or reduce effects) should be assessed within the framework of an appropriate assessment and that it is not permissible to take account of measures intended to avoid or reduce the harmful effects of the plan or project on a European site at the screening stage.

A small number of sites in Penrith take into account mitigation measures at the screening stage, which was the accepted practice at the time the original assessment was carried out. However, in light of the CJEU judgement, it has been necessary to re-run the HRA for these sites and undertake an appropriate assessment to consider the mitigation measures, the results of which are contained in the above document.

What happens next?

Following the consultation, all representations that relate to the Habitat Regulations Assessment Revision (July 2018) will be passed on to the Planning Inspector for his consideration. The responses will be taken into account by the Inspector before he finalises his report.

Once the Inspector’s Report is finalised and published, the Council will be able to legally adopt the Local Plan.

Future consultations

We will be refreshing our consultation database on 31 August 2018. If you currently receive updates regarding the Eden Local Plan your details will be removed from the database.

Sign up for updates from Planning Policy on Survey Monkey if you would like to continue, or start to receive updates about planning policy.

Accessibility information

Summaries of the information contained in the documents on this page are available upon request in alternative languages or formats by contacting the Communication Officer on the details below or completing the form below.

Request information in an alternative format online