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What is an appropriate assessment ( AA)?
14. There is no set format for an appropriate assessment, which should be of a scale, and level of detail sufficient to be able answer the test posed in Article 6.3 that it can be ascertained that the plan will not adversely affect the integrity of any site and sufficiently rigorous to justify the conclusions. While in some cases this may require a high level of detail, in others this may not be required. In all cases, however, a full record of the information used and appraisal within the assessment should be kept to justify the conclusions.
15. AA is applicable to structure plans and local plans, and should be carried out from the earliest possible stage. It is for planning authorities to consider what level of assessment is "appropriate" for each plan and to consider what action needs to be undertaken and when, including the need for consultation. This should be proportionate to the scope and level of detail of the plan under consideration. The effects of a development plan on European site interests must be assessed at each relevant stage of plan preparation and the assessment refined and developed as the plan progresses through its preparation. The assessment should be re-visited with increasing specificity at subsequent stages of plan preparation.
16. It is recognised that an assessment of a plan is likely by its nature to be less specific and detailed than the assessment of an individual project would be. Where a firm proposal with an identified scale or locational components forms part of a plan (eg provision for x houses in a specified area), this is capable of more detailed assessment. However, in many cases, the outcomes of policy proposals, (e.g, encouragement of affordable rural housing), may not be readily apparent until a later stage and may not be able to be assessed in detail until that stage. This variable, and usually broader, level of assessment for development plans as a whole is acknowledged by the EC in their Article 6 guidance (see earlier link).
17. Planning authorities will have to consider what level of assessment is appropriate for the contents of respective plans to allow them to determine the likely impact of the plan's provisions. It should be proportionate, fit for purpose and pragmatic. What is expected is that planning authorities should nevertheless fulfill their commitments under the Habitats Directive in as rigorous an assessment as is practicable in the context of the individual plan, to answer the tests in the Directive.
18. There will be circumstances where it is clear that, even subject to appropriate safeguards, an element of the plan will not be able to progress as it will adversely affect the integrity of a European site. In such circumstances the element should either be removed or an alternative adopted which avoids the problem identified.
19. Where it is clear that elements of the plan are capable of being implemented without adversely affecting a European site, these can be approved for inclusion in the plan. This approval may be subject to caveats by way of safeguarding wording, particularly where the implementation will require a further level of assessment at a more detailed stage. It is important, in approving such elements of a plan, that it is made clear that this does not exempt further assessment as these are progressed.
20. Note that it is not sufficient to argue safeguards through wording alone or in terms of a generic policy protecting European sites; this can only be done as part of an appropriate assessment. However, as part of such an assessment, it is legitimate to cross-reference between policies which affect sites and overarching protection policies.
21. In cases where an appropriate assessment indicates that there will be a negative impact that has an adverse effect on the integrity ofa European site, and removal of the specific adverse element from the plan is not an option, it is for the planning authority to consider alternative solutions. In the absence of such solutions, they should consider whether they wish the plan to be adopted or approved in its current form on the exceptional grounds of imperative reasons of over-riding public interest. Such an option could only take place with approval of the Scottish Ministers and it is essential that the discussion of any such proposals takes place at the earliest possible opportunity.
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