What is an Appropriate Assessment?
Regulation 48 of The Conservation (Natural Habitats, etc.) Regulations 1994 (which implements Article 6 (3) of the Habitats Directive) requires a 'competent authority' (i.e. in the case of Section 36 applications, the Scottish Ministers) to undertake an 'appropriate assessment' in respect of any plan or project which:
- either or alone or in combination with other plans or projects would likely to have a 'significant effect' on a 'European Site'
and
- is not directly connected with the management of the site for nature conservation.
A European Site is classified as an SPA and any SAC from the point where the Commission and the Government agree the site as a Site of Community Importance. An appropriate assessment is also required, as a matter of Government policy, for potential SPAs, candidate SACs and listed RAMSAR Sites (i.e. wetland sites of international importance designated under the Ramsar Convention), to assess the implications for the site in view of that site's conservation objectives.
NPPG 14: Natural Heritage provides guidance on the approach to be adopted in relation to protecting sites of national and international importance including those protected in compliance with European Directives.