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When is an appropriate assessment of a plan required?
9. Every plan should, initially, be considered by planning authorities as a candidate for appropriate assessment. Planning authorities which have European sites within their territory will be familiar (mainly through planning applications) with the process of consideration of projects. SE Circular 6/95 (as amended in 2000) - the title is in the glossary - sets out both policy and procedural guidance on this and this remains a relevant reference source. The tests relating to plans are the same as for projects although their application to plans may raise more complex issues and judgements.
10. Having regard to the ECJ ruling, tests can be applied as to whether an appropriate assessment of a plan by the planning authority is required, namely:
- Are any of the proposals in the plan so unlikely to pass the tests of Articles 6.3 or 6.4 of the Habitats Directive that it is not in the public interest to include them in the plan?
- Even with the removal of the above elements would the implementation of the plan, alone or in combination with other plans, be likely to have a significant effect on any interest / feature of any European site?
11. If any significant effect is likely, then an appropriate assessment is required. These key steps are covered in more detail in the following sections and in table 1 and Annex 1.
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