This Masterclass is specifically designed for practitioners dealing with the complex or contentious cases involving the application of the derogation provisions under regulations 64 and 68 of the Habitats Regulations.
The content will be particularly well suited to consultants, ‘competent authority’ staff and statutory nature conservation body advisors. It is assumed that all delegates will be familiar with the purpose and process for Habitats Regulations Assessment of plans and projects, and handling the Regulations in a general ‘day-to-day’ sense, but now need to explore specific areas in more detail.
Learning outcomes: The course will draw on case law and actual case examples and will:
- Enable delegates to understand and explain the key steps which comprise the derogation provisions
- Explore demonstrating the absence of alternative solutions – what is a feasible ‘alternative solution’?
- Consider ‘imperative reasons of over-riding public interest’ and how to balance a public interest against the conservation interest.
- Explain the factors to take into account in designing and securing ‘compensatory measures’. Including dealing with compensation ratios and making progress where compensatory measures are challenging to identify.
- Evaluate and apply the derogation steps in light of case law, case studies, examples of good practice and sources of advice and guidance.
- Appraise outcomes in terms of compliance and be aware of pitfalls to avoid.
- Review and revise approaches to ensure they are focused, effective, proportionate and fit for purpose.
£375.00 (inclusive of VAT)