Object

Proposed Submission Development and Site Allocations (DaSA) Local Plan

Representation ID: 24192

Received: 07/12/2018

Respondent: Lisa Partridge

Legally compliant? No

Sound? No

Duty to co-operate? No

Representation Summary:

Regards xi: A competent authority must take account of measures intended to avoid or reduce the harmful effects of a plan or project as part or project will have an adverse effect on the integrity of the site. In light of recent case law at the Court of Justice of the European Union (CJEU) ruling in the matter of People Over Wind and Sweetman v Coillte Teoranta (C-323/17), reliance on mitigation measures designed to avoid or reduce harmful effects at the likely significant stage is now vulnerable to legal challenge. Full Objection Statement made by The Enviroment Agency can be found in a letter to RDC dated 20.11.18

Full text:

Regards xi: A competent authority must take account of measures intended to avoid or reduce the harmful effects of a plan or project as part or project will have an adverse effect on the integrity of the site. In light of recent case law at the Court of Justice of the European Union (CJEU) ruling in the matter of People Over Wind and Sweetman v Coillte Teoranta (C-323/17), reliance on mitigation measures designed to avoid or reduce harmful effects at the likely significant stage is now vulnerable to legal challenge. Full Objection Statement made by The Enviroment Agency can be found in a letter to RDC dated 20.11.18