Habitats regulations assessment: derogation notice
Competent authorities must give notice of their decision to allow a plan or project that has an adverse effect on a European site to go ahead.
Applies to England and Wales
Documents
Details
You must read the guidance on how to carry out a habitats regulations assessment (HRA) for European sites before you fill in this form.
If you’ve completed an appropriate assessment and intend to allow a plan or project with adverse effects to go ahead under an HRA derogation, you must notify the relevant government department.
You must do this and wait 21 days before you permit the project, carry it out yourself or approve or adopt the plan.
You should download this derogation notice and save it to you computer to fill it in. Remember to save it or you will lose the information you have input.
Submit your derogation notice
Send your completed derogation notice form by post or email. Send or attach relevant supporting documents when you submit this form.
Proposals in England
You must send your derogation notice form to the Private Office of the relevant government department:
- highways, transport infrastructure and port development proposals: Department for Transport
- planning proposals: Ministry for Housing, Communities and Local Government
- Energy proposals: Department for Business Energy and Industrial Strategy
If you send by email, attach your derogation notice form and add ‘FAO Secretary of State: HRA derogation notice’ to the subject field.
You must also send a copy of your derogation notice form to the Secretary of State for Environment, Food and Rural Affairs.
Proposals in Wales
You must send your derogation notice form to the Welsh Government.
If you send by email, attach your derogation notice form and add ‘FAO The Welsh Ministers: HRA derogation notice’ to the subject field.
Email: Bio.Diversity@gov.wales
Biodiversity Policy team
Land Nature and Forestry Division
2nd Floor
Welsh Government
Rhodfa Padarn
Llanbadarn Fawr
Aberystwyth
Ceredigion
SY23 3UR
Cross-boundary proposals
If the proposal is in England but affects a site in (or partly in) Wales, you should also send a copy to the Welsh Government.
If the proposal is in Wales but affects a site in (or partly in) England, you should also send a copy to the Secretary of State for Environment, Food and Rural Affairs.