Development Plans
38. In Case C-6/04, the ECJ ruled that as a result of the UK's failure to specifically require in domestic legislation that land use plans should be subject to Article 6(3) and (4) of the Habitats Directive, the United Kingdom has not fully transposed the Habitats Directive. Schedule 1 of the draft Habitats Regulations 2006 inserts a new Part 4A (new regulations 85A to E) into the Habitats Regulations requiring appropriate assessment of land use plans when such plans are likely to have a significant effect on a European site and are not directly connected with or necessary to the management of the site.
39. Land use plans comprise structure plans and local plans as provided for in Part II of the Town and Country Planning (Scotland) Act 1997.
40. This will ensure that decision makers take into account relevant environmental information on the protection of European sites when developing their plans. A list of criteria is given to allow competent authorities to determine reasons of overriding public interest and compensatory measures in those exceptional circumstances where an authority wishes to proceed with a plan following a negative assessment of the implications for the site. Competent authorities are required to undertake appropriate assessment once the amending regulations come into force on their land use plans.
41. In the transitional period before the amending regulations come into force competent authorities must comply with Article 6(3) and 6(4) of the Habitats Directive and consider whether a development plan is likely to have a significant effect on a European site and, if it is, to undertake an appropriate assessment of the implications for the site in view of its conservation objectives.