Our approach to  Habitats Regulations Assessment 

Protecting the environment is a  fundamental part of our decision making  and you can read more about our approach to the environment at: eastwestrail.co.uk/consultation2024

This factsheet provides more detail on the  Habitats Regulations and how these relate to our proposals. 

Our approach to Habitats Regulations Assessment  

Protecting the environment is never an  afterthought – it’s a fundamental part of our  decision-making. At each stage of planning  and developing East West Rail we work to  ensure nature has a proper place in our plans.

We’re listening to and working closely with local community groups, environmental bodies and local highway and planning authorities to assess the environmental impacts of our  plans on areas such as environmentally  important sites and priority habitats. This  factsheet outlines our approach to meeting our legal requirements as part of the ‘Habitats  Regulations Assessment (HRA)’, the principles  we will follow, the process and how you can get involved.

What is a Habitats Regulations Assessment?

A HRA refers to the several distinct stages of  assessment which must be carried  out in line with the Conservation of Habitats and Species Regulations 2017  (the Habitats Regulations). 

Under the Habitats Regulations, sites across  the UK are designated to ensure the protection of certain species and habitats, forming a  network of protected sites. Protected sites  include both designated and potential Special Areas of Conservation (SAC), Special  Protection Areas (SPA) and Ramsar sites, and  are typically referred to as ‘Habitat Sites’.

The HRA process will determine if the project  would cause any adverse effects on the  ecology of these sites. The HRA focuses  specifically on the assessment of potential  impacts of the project on these sites and  supplements the wider Environmental Impact Assessment (EIA) process, which considers the implications of the project on the  whole environment.

HRA process

The HRA process has three stages:

  1. Screening – an initial screening or sifting of Habitats Sites in relation to the  potential for any likely significant effects as a result of the project. If the risk of a  likely significant effect cannot be ruled out, an appropriate assessment will be  required. The screening process will explain the outcomes and provide a justification for any Habitats Sites included in an  Appropriate Assessment.
  2. Appropriate Assessment – an assessment to consider whether the likely significant effects will adversely affect the integrity of the Habitats Sites in view of its  conservation objectives. This will include  measures to avoid or minimise any effects  of the project on Habitats Sites.
  3. Derogation – where adverse affects on integrity cannot be ruled out then a  proposal may only continue under what is known as a derogation. There are three legal tests which must be met for a  derogation to be granted. The tests require it to be demonstrated that there are no  feasible alternative solutions; that there are imperative reasons of overriding public interest; and that compensatory measures are taken.

It may not be necessary to complete all three  stages depending on the conclusion reached  at each stage. For example, if the screening  exercise concludes that there are no potential likely significant effects, only the screening  stage will be completed, but where there is  potential for likely significant effects, this would be investigated in more detail through an Appropriate Assessment. 

The decisions and conclusions made at both the screening and Appropriate Assessment  stages will be developed in consultation with Natural England.

HRA principles for East West Rail

The key HRA principles we will follow are to:

  • Consider all possible effects of the project on the Habitats Site, including impacts  which are direct and indirect, temporary  and permanent.
  • Consider possible combined effects from other schemes on the Habitats Site.
  • Make judgements based on the ecological condition of the Habitats Site features.
  • Use objective and scientific information to make confident decisions.
  • Develop the project while protecting Habitats Sites wherever possible.
  • Consider the advice of Natural England (the relevant statutory nature conservation body). 
  • Provide reasons and evidence for our decisions.

Evidence plan

An evidence plan helps determine the  information we need to inform a robust  assessment and the approaches we use. We  will consult with Natural England to develop  the evidence plan and make sure the right  information is provided within our HRA as part of our Development Consent Order (DCO)  application. The evidence plan will evolve and develop as our consultation with Natural  England progresses and the evidence  base builds. 

The primary focus of engagement will be with  Natural England, although other stakeholders  will be involved to better understand ways to reduce impacts. The evidence plan will also document the issues discussed during  engagement with Natural England and others.

What happens next?

We are continuing to develop our  understanding of the Habitat Sites that may be potentially impacted by our proposals  through gathering existing records and  undertaking surveys.  

We will continue to:

  • Develop the evidence plan to support the HRA process. 
  • Undertake the HRA screening and, if  required, develop the information for anAppropriate Assessment.
  • Engage with Natural England on the draftoutcomes ahead of the DCO application.
  • Submit the final version of the HRA screening and Appropriate Assessment information packs, including the evidence plan as part of the DCO  application.