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Transitional arrangements
5. Planning authorities must consider whether any structure plan or local plan in preparation or for future preparation is likely to have a significant effect on a European site, and, if necessary, for such plans to undergo an appropriate assessment prior to being submitted to Scottish Ministers for approval or, in the case of local plans, prior to Scottish Ministers giving approval to proceed to adopt. Where the plan is judged not likely to have a significant effect on a European site, planning authorities are asked to provide a reasoned determination in support of that decision. The reasoned determination should be robust, based on sound judgement and an audit of the consideration given to the likelihood of the plan having a significant effect. While some of the procedural steps set out in the 1994 Regulations will be useful to follow, particularly Regulations 48, 49, 52 and 53, the requirements under Article 6 (3) and 6 (4) of the Habitats Directive are those that have to be met. The European Commission's guidance on Managing Natura Sites: The Provisions of Article 6 of the Habitats Directive 92/43/ EEC will be helpful.
http://ec.europa.eu/comm/environment/nature/nature_conservation/eu_nature_legislation/specific_articles/art6/pdf/art6_en.pdf
6. While planning authorities are the responsible authority for undertaking appropriate assessments, SNH will be able to provide advice and assistance. Planning authorities are encouraged to involve SNH at the outset of plan preparation and take account of their advice on the need and form of any appropriate assessment and whether, once the assessment has been completed where necessary, in their view, it can be ascertained that the integrity of one or more European sites will not be adversely affected. Plans will be at various stages of the process and SNH's view should be sought at the earliest opportunity to get advice on what needs to be done at that particular stage. SNH have been given a note of each plan under preparation and the stage it has reached.
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