Last week, the Government published new Planning Practice Guidance (PPG) on Habitats Regulations Assessment (HRA). This is very welcome given the lack of national guidance for over 10 years.

Although brief, the PPG has a particular emphasis on when appropriate assessment is needed in the planning process, what it should contain and what constitutes ‘mitigation’ (as opposed to compensation).

The PPG draws attention to the People over Wind judgment (which essentially means that mitigation measures should not be taken into account when deciding if a plan or project is likely to have a significant effect on European sites). But there are other recent cases that you need to be aware of such as Holohan (which concerns the information needed to describe the habitats and species for which the site is protected located on-site as well as species and habitats located outside its boundaries, and to dispel all reasonable scientific doubt that there will not be adverse effects on integrity of a European site).

We are happy to advise on the implications of these for the HRA of your Local Plan or planning applications you are considering. Please contact Jonathan Pearson or David Green.