Planning and Development Act 2024
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Natura impact statement | ||
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215. (1) An applicant for permission may prepare, and submit to the competent authority with his or her application for permission, a Natura impact statement in relation to a relevant development to which that application relates. | ||
(2) A Natura impact statement prepared under subsection (1) or pursuant to a requirement in a notice under subsection (9) of section 212 shall— | ||
(a) be prepared by a person with the necessary scientific competence to do so, | ||
(b) specify all of the habitat types and species— | ||
(i) for which the relevant European site is designated, and | ||
(ii) in relation to which the likelihood of significant effects arising from the relevant development cannot be excluded, | ||
(c) having regard to the European site’s conservation objectives— | ||
(i) identify all potential significant effects of the relevant development on the European site, whether such effects arise from the relevant development itself or the relevant development in combination with any plan or other project, and | ||
(ii) assess the effects identified in accordance with subparagraph (i) and the implications of the relevant development for the European site, | ||
(d) identify any measures proposed to be taken for the purposes of avoiding or reducing any adverse effects (identified in accordance with paragraph (c)) of the relevant development on the European site, | ||
(e) having regard to the matters identified and assessments made in accordance with paragraphs (b), (c) and (d)— | ||
(i) conclude, in the case of an application for proposed development under Chapter 3 or 4 of Part 4 , either— | ||
(I) that the proposed development will adversely affect the integrity of a European site, or | ||
(II) that the proposed development will not adversely affect the integrity of a European site, | ||
(ii) conclude, in the case of development in respect of which an application for retrospective consent is made under Chapter 4 of Part 4 — | ||
(I) either— | ||
(A) that the development has adversely affected the integrity of a European site, or | ||
(B) that the development has not adversely affected the integrity of a European site, | ||
(II) either— | ||
(A) that the development is adversely affecting the integrity of a European site, or | ||
(B) that the development is not adversely affecting the integrity of a European site, | ||
and | ||
(III) either— | ||
(A) that the development will adversely affect the integrity of a European site, or | ||
(B) that the development will not adversely affect the integrity of a European site, | ||
(iii) conclude, in the case of a request under subsection (1) of section 140 for an alteration of the terms or extension of the duration of a permission, either— | ||
(I) that the proposed alteration or extension will adversely affect the integrity of a European site, or | ||
(II) that the proposed alteration or extension will not adversely affect the integrity of a European site, | ||
and | ||
(f) include such other information as may be prescribed. | ||
(3) A Natura impact statement included with an application for permission for a relevant development that concludes— | ||
(a) in the case of an application for proposed development under Chapter 3 or 4 of Part 4 , that the proposed development concerned may adversely affect the integrity of a European site, | ||
(b) in the case of development in respect of which an application for retrospective consent is made under Chapter 4 of Part 4 , that the development has adversely affected, is adversely affecting or may adversely affect the integrity of a European site, or | ||
(c) in the case of a request under subsection (1) of section 140 for an alteration of the terms or extension of the duration of a permission, that the proposed alteration or extension may adversely affect the integrity of a European site, | ||
may be accompanied by a request (set out in a document separate from the Natura impact statement) in writing that the competent authority submit a statement to the Minister under subsection (7) of section 219 or subsection (7) of section 221 , in relation to the development, proposed development or alteration or extension concerned. | ||
(4) A request under subsection (3) shall contain an explanation of— | ||
(a) the reasons why the applicant for permission believes that— | ||
(i) there are no alternative solutions to the relevant development, and | ||
(ii) there are imperative reasons of overriding public interest (within the meaning of section 219 or 221 ) for— | ||
(I) the carrying out of the relevant development, or | ||
(II) in the case of development in respect of which an application for retrospective consent is made under Chapter 4 of Part 4 , for the retention of the development, | ||
(b) the compensatory measures that the applicant for permission will take for the purpose of ensuring that the overall coherence of the Natura 2000 network is protected. | ||
(5) A request under subsection (3) (including the explanation that it contains in accordance with subsection (4)) and any submissions made in respect of that request pursuant to an invitation under subsection (3) of section 216 , shall not be considered by the competent authority unless and until it has made a determination under paragraph (a) of subsection (7) of section 217 that a reasonable scientific doubt exists as to the absence of adverse effects of the relevant development on the integrity of a European site. |