Issue - meetings

This report outlines the necessary minor changes to be made to the Avoidance Strategies relating to the Wealden Heaths Phase 2 and Thames Basin Heaths SPA in light of the Sweetman, judgment which re-clarified the process of Habitats Regulations Assessment.

Recommendation

That the Executive recommends to Council to agree the changes proposed in paragraphs 2 and 3 of this report to ensure compliance with the Sweetman judgment.

45.1     Cllr Storey, Portfolio Holder for Planning Policy and Customer Services, introduced the report which set out necessary minor changes to be made to the Avoidance Strategies relating to the Wealden Heaths Phase 2 and Thames Basin Heaths SPA in light of the Sweetman judgement, which re-clarified the process of the Habitats Regulations Assessment.

45.2     Following the recent European Court of Justice judgement, the process of undertaking a Habitats Regulation Assessment had changed, and whilst there was unlikely to be a change in the outcome of assessments there was now an extra stage in the process of determination. On the advice of Counsel, it was proposed to update each of the Avoidance Strategies with a Supplementary Note that would set out the revised procedure.

The Executive RESOLVED to

RECOMMEND that Council agrees the changes proposed in paragraphs 2 and 3 of the agenda report, to ensure compliance with the Sweetman judgement.

[Reason: to ensure the Council’s SPA Strategies are compliant with the Sweetman judgement.]