Figure 1: Consideration of development proposals affecting Internationally Designated Nature Conservatin Sites
Question number |
Question |
Answer |
Next Step |
Any following steps |
|---|---|---|---|---|
Question 1 |
Is the proposal directly connected with or necessary to site management for nature conservation? |
Yes = |
Permission may be granted |
|
|
|
No = Go to next question |
Is the proposal likely to have a siginificant effect on the internationally important features of the site, alone or in combination with other plans and projects? |
|
Question 2 |
Is the proposal likely to have a siginificant effect on the internationally important features of the site, alone or in combination with other plans and projects? |
No = |
Permission may be granted |
|
|
|
Yes = Go to next stage |
Assess the implications of the effects of the proposal for the site's conservation objectives, consult English Nature and, if appropiate the public |
|
Action needed - stage 3 |
Assess the implications of the effects of the proposal for the site's conservation objectives, consult English Nature and, if appropiate the public |
Go to Next Question |
Can it be assertained that the proposal will not adversely affect the integrity of the site? |
|
Question 4 |
Can it be assertained that the proposal will not adversely affect the integrity of the site? |
Yes |
Permission may be granted |
|
|
|
No, because there would be an adverse effect or its uncertain - Go to next question |
Would compliance with conditions or other restrictions, such as a planning obligation, enable it to be ascertained that the proposal would not adversely affect the integrity of the site? |
|
Question 5 |
Would compliance with conditions or other restrictions, such as a planning obligation, enable it to be ascertained that the proposal would not adversely affect the integrity of the site? |
Yes |
Permission may be granted subject to the conditions or obligation |
|
|
|
No, because there would be an adverse effect or its uncertain - Go to next question |
Are there any alternitaves that would have a lesser effect, or avoid an adverse effect, on the integrity of the site? |
|
Question 6 |
Are there any alternitaves that would have a lesser effect, or avoid an adverse effect, on the integrity of the site? |
Yes |
Permission must not be granted |
|
|
|
No |
Might a priority habitat or species on the site be adversely affected by the proposal? |
|
Question 7 |
Might a priority habitat or species on the site be adversely affected by the proposal? |
Yes |
Are there imperative reasons of overriding public interest realating to human health, public safety or benefits of primary importance to the environment? |
Yes = If minded to grant permission, planning authority must notify the first secretary of state and must wait 21 days |
|
|
Yes |
Are there imperative reasons of overriding public interest realating to human health, public safety or benefits of primary importance to the environment? |
No = Permission may only be granted for other imperative reasons of overriding public interest, following consultation between the Government and the European Commision and subject to the First Secretary of State securing that any necessary compensatory measures are taken to ensure that the overall coherence of Nature 2000 is protected. |
Question 7 |
Might a priority habitat or species on the site be adversely affected by the proposal? |
No |
Are there imperative reasons of overriding public interest, which could be of social or economic nature, sufficient to override the harm of the site? |
No = Permission must not be granted |
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|
|
Are there imperative reasons of overriding public interest, which could be of social or economic nature, sufficient to override the harm of the site? |
Yes = If minded to grant permission, planning authority must notify the first secretary of state and must wait 21 days |
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|
If on question 7 you ended up with the response "If minded to grant permission, planning authority must notify the first secretary of state and must wait 21 days " then the following must be applied. Permission may be granted subject to the First Secretary of State securing that any necessary compensatory measures are taken to ensure that overall coherence of Nature 2000 is protected. |