- 28 Oct 2020
In developing the Plan, Scottish Ministers have appraised whether the Plan (alone, or in combination with other plans and projects) are likely to have a significant effect (“LSE”) on any European site or European offshore marine site (special areas of conservation (“SAC”) and special protection areas (“SPA”)) and, if so, whether the Plan may have an adverse effect on the integrity of such sites.
The assessment has been undertaken by Scottish Ministers and is required under regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) and regulation 63 of the Conservation of Habitats and Species Regulations 2017 (herein collectively referred to as “the Habitats Regulations”). This AA is in accordance with Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (“the Habitats Directive”) and Council Directive 2009/147/EC on the conservation of wild birds (“the Birds Directive”). Scottish Ministers, as the competent authority under the Habitats Regulations, must be satisfied that the Plan will not adversely affect the integrity of any European site or European offshore marine site (special areas of conservation (“SAC”) and special protection areas (“SPA”)) either in isolation or in-combination with other plans or projects before they can grant consent for the Development.