Habitat Regulations Assessment legal training course

This is a legal course for developers and environmental professionals (who are advising developers) on Habitat Regulation Assessment.

It focuses on how to approach assessing plans and development projects and to deliver a legally compliant “shadow HRA” so as to secure the necessary consents from competent authorities.

First half day (Part 1)

• Overview of the HRA regime
• Existing legislation
• Impacts of Brexit, Retained EU Law, and the Levelling-up and Regeneration Act 2023
• Knowing your way around The Conservation of Habitats and Species Regulations 2017
• Which sites get protection?
• Qualifying features and conservation objectives
• Priority natural habitats types and priority species
• Who has to do HRA?
• Role of / impacts on developers / NE
• Differences between HRA and SEA / EIA
• Legal difference between HRA mitigation and HRA compensatory measures
• Up to date caselaw on valid mitigation eg “Briels”, “Hilde Orleans”, “Grace & Sweetman” and the “Dutch Nitrogen cases”
• At what HRA stage can mitigation measures lawfully be taken into account - “People over Wind” and how to respond

Second half day (Part 2)

Stage 1: Screening

• What are the screening tests correct legal approach to “in combination” effects including relevant caselaw
• Air quality including “Wealden case” and NE’s July 2018 traffic / AQ guidance

Stage 2: Appropriate assessment

• The integrity test and the position under the "Dutch nitrogen cases" when sites are in unfavourable condition
• Conservation objectives and what habitats and species must be covered: European caselaw “Holohan”
• In combination effects

• Discrete issues:
• Air quality including NE’s July 2018 traffic / AQ guidance and recent domestic caselaw “Compton Parish Council”
• Nutrient neutrality
• Water neutrality
• Functionally linked land
• Recreational impacts
• Applying the derogation tests

Cost

£420* / £450 per ticket (INC VAT) *early bird offer (limited spaces). Please note by purchasing one ticket this will entitle you to attend both days of the training sessions.

All course materials will be provided.

Please note that tickets may only be changed or cancelled up to seven days before the seminar is due to take place. After that date no refunds will be given, or changes made.

Speaker

Penny Simpson

Penny is an all-round environmental lawyer acting for a wide range of both private and public clients. She is an “elite leading individual” in her field with an exceptional national reputation for advising on natural environment and natural capital legal issues and with a very significant following of well-known developer, mineral industry, water industry, energy, public sector and charitable sector clients.