Advice to Natural Resources Wales
Back to listEnquiry
- From
- Natural Resources Wales
- Date advice given
- 24 January 2014
- Enquiry type
The Marine Licensing Team proposes undertaking a shared Habitats Regulations Assessment (HRA) with the Planning Inspectorate. Subject to agreement, NRW, acting on behalf of the Licensing Authority, proposes to undertake an HRA of the aspects of the project comprising licensable activities for which a Welsh Marine Licence is required. Such assessment would include an in-combination assessment with other relevant plans and projects however would not consider aspects of the development for which a DCO is required. It is proposed that the Planning Inspectorate undertakes the in combination assessment of the aspects of the project for those matters of the development under which a DCO is required.
We consider that this arrangement to be a pragmatic approach which satisfies the requirements of the EIA Directive
Advice given
I note your proposal that NRW Marine Licensing Team undertakes a shared Habitats Regulations Assessment (HRA) with the Planning Inspectorate and the proposal that the Planning Inspectorate undertakes the in combination assessment of the aspects of the project for those matters of the development under which a DCO is required.
The relevant Secretary of State determines applications for development consent for Nationally Significant Infrastructure Projects. As the decision maker they are the competent authority for the purposes of the Habitats Regulations, not the Planning Inspectorate. The role of the Examining Authority during the examination is to examine the relevant evidence, including any information requested by them, so that they can subsequently make a recommendation to the Secretary of State who can undertake an appropriate assessment if required. Neither the Planning Inspectorate nor the Examining Authority can undertake an appropriate assessment if one is required.
I understand that NRW, DECC and the Planning Inspectorate have been involved in, in principle, discussions about ways of establishing processes to deal with Habitats Regulations issues where more than one competent authority is involved but that there is yet to be an agreed outcome to this. Should such an approach be proposed it is most likely to be helpful if a process is agreed and established before applications are made for a development consent order or other consents.