Plans and Projects

The Habitats regulations carefully follow the Habitats Directive in describing the process that should be followed in examining any proposal for a plan or project. The key steps are

- If a plan or project is likely to have a significant effect, either alone or in combination with other plans or projects, then an appropriate assessment shall be carried out.

- If the appropriate assessment shows that there will be an adverse effect on the site, then the project may only proceed if

o The project is essential for the management of the designated site

o Overwhelming reasons of human safety exist

o It is demonstrated that there are no alternatives and the project is in the overriding public interest

o Appropriate compensation for any damage to the site is offered

None of the italicised items are defined in either the Directive or the Habitats Regulations – a perfect recipe for the application of the Whitehall Loop !

Note that, for both the management and project aspects of the Directive, the boundaries of the site only define where the potential impacts are measured. Operations and activities, or the effects of projects originating outside the site can produce impacts on the site and are therefore subject to the Habitats Regulations. These sites have fuzzy edges!