Habitat Regulations Assessment revision (2018) consultation
It was 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 was 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.
How to comment on the document
This consultation period has now closed.
The consultation ran for 21 days from 9am on Saturday 14 July 2018 until 9am on Saturday 4 August 2018.
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 related to the Habitat Regulations Assessment Revision (July 2018) were passed on to the Planning Inspector for his consideration. The responses were taken into account by the Inspector before he produced his final report.
The Council has now legally adopted the Local Plan.
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