National Planning Framework 4: habitats regulations appraisal

Details the Habitats Regulations Appraisal (HRA) process that has been carried out in support of National Planning Framework 4, as required under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended).


Footnotes

1. This National Development was previously known as 'Islands Hub for Net Zero' in Draft NPF4, therefore any reference to Islands Hub for Net Zero in the HRA Screening Report should be taken to mean Energy Innovation Development on the Islands.

2. This National Development was previously known as 'Urban Sustainable, Blue and Green Drainage Solutions in Draft NPF4, therefore any reference to Urban Sustainable, Blue and Green Drainage Solutions in the HRA Screening Report should be taken to mean Urban Sustainable, Blue and Green Surface Water Management Solutions.

3. The Draft Fourth National Planning Framework was laid in Parliament on 10 November 2021 and is available to view at Scotland 2045 - fourth National Planning Framework - draft: consultation - gov.scot (www.gov.scot)

4. This National Development was previously known as 'Islands Hub for Net Zero' in Draft NPF4, therefore any reference to Islands Hub for Net Zero in the HRA Screening Report should be taken to mean Energy Innovation Development on the Islands.

5. This National Development was previously known as 'Urban Sustainable, Blue and Green Drainage Solutions in Draft NPF4, therefore any reference to Urban Sustainable, Blue and Green Drainage Solutions in the HRA Screening Report should be taken to mean Urban Sustainable, Blue and Green Surface Water Management Solutions.

6. The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), more commonly referred to as the 'Habitats Regulations'.

7. In the past, the term 'appropriate assessment' has been used to describe both the overall process and a particular stage of that process. The term 'Habitat Regulations Appraisal' has come into use in order to refer to the process that leads to an appropriate assessment, thus avoiding confusion. Throughout this document, HRA is used to refer to the overall procedure required by the Habitats Regulations.

8. Opinion of Advocate General Kokott, 9th June 2005, Case C-604. Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland, paragraph 94. https://curia.europa.eu/juris/document/document.jsf.

9. There are several locations on Shetland known as 'Dales Voe' or similarly named. The location referred to in this National Development is the Dales Voe north of Lerwick where an existing quay facility already exists.

10. Elliptical packages of water will move to and fro over one tidal cycle, typically along a dominant axis, returning to almost the same position. These are 'tidal ellipses' (Thompson et al, 2005).

11. Critical load is defined as "a quantitative estimate of exposure to one or more pollutants below which significant harmful effects on specified sensitive elements of the environment do not occur according to present knowledge" (http://www.apis.ac.uk/).

12. Critical level is defined as "concentrations of pollutants in the atmosphere above which direct adverse effects on receptors, such as…plants [or] ecosystems, may occur according to present knowledge" http://www.apis.ac.uk/).

13. Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, more commonly known as the 'Habitats Directive'.

14. A permit issued by SEPA under the Pollution Prevention and Control (Scotland) Regulations 2012.

15. Issued by SEPA under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended).

16. Critical level is defined as "concentrations of pollutants in the atmosphere above which direct adverse effects on receptors, such as…plants [or] ecosystems, may occur according to present knowledge" http://www.apis.ac.uk/).

Contact

Email: Chief.Planner@gov.scot

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