Appropriate assessment of plans in England

Abstract

‘Appropriate assessment’ of plans and projects is required under the European Habitats Directive. It assesses whether a plan or project, ‘in combination’, could affect the ‘integrity’ of sites of international nature conservation importance in Europe. It is very precautionary: plans or projects that could affect site integrity may not be adopted unless a series of stringent requirements—testing of alternatives, proof of overriding need, and provision of compensation—are met. Appropriate assessment of plans began to be carried out in England in early 2006. Since then, various guidance documents have been published, but there is still considerable debate about just what methodology should be used, how to test impacts on site ‘integrity’, what avoidance and mitigation measures are adequate, who should be responsible for these measures etc., and even about what the process should be called. The first legal challenges based on appropriate assessment of plans are emerging. Appropriate assessments are showing that many English plans could affect European sites, either directly through land take, or indirectly by, for instance, reducing water levels or increasing recreational disturbance. The question now is how to respond to the clash between people's aspirations for new homes and economic growth, and wildlife conservation. This article discusses the legal requirements and emerging guidance on appropriate assessment of plans in England, how it relates to strategic environmental assessment, the current status of these assessments, and emerging issues.