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Consultation and Submitting Plans to Ministers
7. Consideration of whether a plan is likely to have a significant effect should be made before the plan is issued for each consultative stage. If necessary an appropriate assessment should also be undertaken prior to consultation. This will enable any alternative solutions to have been considered and any necessary adjustments made in advance of consultation. As a matter of transparency, a short paper should be published at each consultative stage of the plan. This should set out how the authority has determined that there is not likely to be a significant effect and, where an appropriate assessment has been undertaken, the conclusions reached and what action is proposed or has been taken to comply with the Habitats Directive. This will also be appropriate when submitting a structure plan to Scottish Ministers for approval or, in the case of local plans, as part of the notice of intention to adopt. In preparing any reports, or seeking any comments, planning authorities may find it useful to use the terminology referred to in the Habitats Directive. For example, if you are considering whether the plan is "likely to have a significant effect on a European site", then if you use this wording and base any determination and conclusions on it, it will avoid any ambiguity about what is being assessed.
8. In commenting on a plan, SNH will state clearly whether they agree with the planning authority as to whether there is likely to be no significant effect or whether they are content with the conclusions of the appropriate assessment. The Scottish Ministers will be sent a copy of SNH's response.
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