economic nature may be acceptable, as long as they are “considered to be sufficient to override the harm to the site.”


64.


The requirement for an Appropriate Assessment will be determined by the competent authority following consideration of the information presented in the ES and the information to support an Appropriate Assessment report. The information to support an Appropriate Assessment report will also contain sufficient information to enable the competent authority to carry out an Appropriate Assessment should it determine that one is required.


3.3.3.7 European Protected Species (EPS) 65.


The Habitats Regulations (2010) and the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (as amended), make it an offence to kill, injure, capture or disturb marine EPS (e.g. cetaceans).


66.


In circumstances where best practice guidance either cannot be followed or is not applicable, licences can be obtained to allow persons to carry out activities that would otherwise be prohibited, without committing an offence. Licences for actions which may affect marine EPS are issued by the MMO beyond 12nm and for actions up to 12nm can be obtained from Natural England. Licences required for terrestrial species would be obtained from Natural England.


3.3.3.8 National Planning Policy Framework (NPPF) 67.


The NPPF was implemented with the intention of making the planning system less complex and more accessible. The NPPF replaces the suite of Planning Policy Guidance Notes (PPGs) and Planning Policy Statements (PPSs) which formerly provided national planning guidance to local planning authorities.


68.


The NPPF does not contain specific policies for NSIPs (for which particular considerations apply, determined in accordance with the decision-making framework set out in the Planning Act 2008 and relevant NPSs) but may be considered as a relevant matter.


69.


The NPPF sets out a series of core principles that cover protection and conservation of the natural and built environment, and the promotion of sustainable growth and development.


70.


The key principles of relevance to the proposed East Anglia THREE project are listed below.


Preliminary Environmental Information May 2014


East Anglia THREE Offshore Windfarm


Chapter 3 Policy and Legislative Context Page 15


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