Stage 3 - Assessment of Alternatives; and
o The alternatives that have been considered will be assessed. The Planning Inspectorate advises that alternative solutions can include a proposal of a different scale, a different location and an option of not having the scheme at all – the ‘do nothing’ approach.
Stage 4 – Assessment of IROPI.
o If it is demonstrated that there are no alternative solutions to the proposal that would have a lesser effect or avoid an adverse effect on the integrity of the site(s), then a justified case will be prepared that the scheme must be carried out for imperative reasons of overriding public interest (IROPI).
14.
If the conclusion of Stages 3 and 4 is that there is no alternative and that the project has demonstrated IROPI then the project may proceed with a requirement that appropriate compensatory measures are delivered.
15. This report contains only the first part of the Stage 1 screening process.
3.2 Legislative Context 16.
3.2.1 The Birds Directive 17.
The HRA process derives from the requirements of specific European Directives and the Regulations that implement their requirements in national law.
The EU Directive on the Conservation of Wild Birds (2009/147/EC) (hereafter called the Birds Directive) provides a framework for the conservation and management of wild birds in Europe. The relevant provisions of the Directive are the identification and classification of Special Protection Areas (SPA) for rare or vulnerable species listed in Annex I of the Directive and for all regularly occurring migratory species (required by Article 4). The Directive requires national Governments to establish SPAs and to have in place mechanisms to protect and manage them. The SPA protection procedures originally set out in Article 4 of the Birds Directive have been replaced by the Article 6 provisions of the Habitats Directive.
3.2.2 The Habitats Directive 18.
The EU Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (92/43/EEC) (hereafter called the Habitats Directive) provides a framework for the conservation and management of natural habitats, wild fauna (except birds) and flora in Europe. Its aim is to maintain or restore natural habitats and wild species at a favourable conservation status. The relevant provisions of the Directive are the identification and classification of Special Areas of Conservation (SAC) (Article 4) and
HRA High Level Screening May 2014
East Anglia THREE Offshore Windfarm Page 6
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