Habitat Regulations Assessments (HRA’s)
We have carried multiply Habitat Regulation Assessments for clients needing to carry out vegetation clearance work on sites protected by law for various types of rare and unique habitats with various rare and sensitive species. To date, we have successfully managed to obtained assent for each assessment carried out.
Conservation of Habitats and Species Regulations 2017 (as amended) to determine if a plan or project may affect the protected features of a habitats site before deciding whether to undertake, permit or authorise it.
All plans and projects (including planning applications) require consideration of whether the plan or project is likely to have significant effects on that site. This consideration – typically referred to as the ‘Habitats Regulations Assessment screening’ – should take into account the potential effects both of the plan/project. Where the potential for likely significant effects cannot be excluded, a competent authority must make an appropriate assessment of the implications of the plan or project for that site, in view the site’s conservation objectives. The competent authority may agree to the plan or project only after having ruled out adverse effects on the integrity of the habitats site. Where an adverse effect on the site’s integrity cannot be ruled out, and where there are no alternative solutions, the plan or project can only proceed if there are imperative reasons of over-riding public interest and if the necessary compensatory measures can be secured.
If a proposed plan or project is considered likely to have a significant effect on a protected habitats site (either individually or in combination with other plans or projects) then an appropriate assessment of the implications for the site, in view of the site’s conservation objectives, must be undertaken (Part 6 of the Conservation of Habitats and Species Regulations 2017). This does not apply to plans or projects directly connected to the conservation management of the features for which the site was designated.
A significant effect should be considered likely if it cannot be excluded on the basis of objective information and it might undermine a site’s conservation objectives. A risk or a possibility of such an effect is enough to warrant the need for an appropriate assessment.
Example of previous HRA’s undertaken
We have completed surveys and then gained Nature England assents to carryout work on various different sites and habitats that have included mires, wetlands, rivers, heathlands and grasslands that supported rare flora and fauna as well as are birds such as Bitterns and Hen harriers and various fish species. Sites includes The New Forest Ramsar Site & SSSI, Sailsbury Plain SPA, SAC & SSSI, The West Midlands Mosses SAC & SSSI, River Avon SAC and SSSI, River Lugg SAC and SSSI, Upper Nene Valley SPA and SSSI.
Showing Chartley Moss that a National Nature Reserve and SSSI site and is also part of the collection of sites that make up the West Midlands Mosses SAC. The site is made up of various unique transitional habitats including is a mire with floating rafts of Sphagnum-dominated vegetation and is home to rare flora and fauna including the national rare Window winged sedge (Hagenella clathrate) that is a type of cadis fly that is wholly dependent upon this very rare and unique habitat. The site also supports a significant population of Adders. Work methods and control measures were devised to ensure that no adverse effect would occur to the habitat or species present in order to gain NE assent to carry out tree clearance work to an overhead power line site. The work was then supervised to ensure that the work went to plan and so that the arb team could were confident in what they were doing and could carry out the work stress free.
The New Forest
The New Forest is one of the largest remaining tracts of unenclosed pastureland, heathland and forest in Southern England and was proclaimed a royal forest by William the Conquer, featuring in the Domesday Book. The large areas of lowland habitats that have survived are important for supporting lots of rare and important species of wildlife. We gained Natural England assent for our client to carry out tree clearance work within The New Forest National Park on a site designated as a SSSI and Ramsar site by devising work methods and control measure to ensure no adverse impacts were caused.