Freeths LLP’s Habitats Regulations Assessments Legal Training Course

(Split into two half-day sessions) for Developers and Environmental Professionals Advising Developers

This is a legal course for developers and environmental professionals (who are advising developers) on Habitats Regulations Assessments. It focuses on how to approach assessing development projects and to deliver a legally compliant "shadow HRA" so as to secure the necessary consents from competent authorities.

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The two half-day sessions will be as follows:

• Tuesday 22 June 2021, 9:00am - 1:00pm HRA legal course part 1 (length: 4 hours with breaks)

• Wednesday 23 June 2021, 9:00am - 1:00pm HRA legal course part 2 (length: 4 hours with breaks)

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First Half Day (Part 1)

• Overview of the HRA regime

• Existing legislation

• Impacts of Brexit and Government policy indications for the future

• Knowing your way around The Conservation of Habitats and Species Regulations 2017

• Which sites get protection?

• Qualifying features and conservation objectives

• Priority Natural Habitats Types and Priority Species

• Who has to do HRA?

• Role of / impacts on developers

• Role of NE / The Public

• Differences between HRA and SEA / EIA

• Legal difference between HRA mitigation and HRA compensatory measures

• Up to date caselaw on valid mitigation eg “Briels”, “Hilde Orleans”, “Grace & Sweetman” and the “Dutch Nitrogen cases”

• At what HRA stage can mitigation measures lawfully be taken into account - “People over Wind” and how to respond

Second Half Day (Part 2)

Stage 1: Screening

• Correct legal approach to “in combination” effects including relevant caselaw

• Air quality including “Wealden case” and NE’s July 2018 traffic / AQ guidance

Stage 2: Appropriate Assessment

• The integrity test and the position under the "Dutch nitrogen cases" when sites are in unfavourable condition

• Conservation objectives and what habitats and species must be covered: European caselaw “Holohan”

• In combination effects

• Air quality including NE’s July 2018 traffic / AQ guidance and recent domestic caselaw “Compton Parish Council”

• Hydrological impacts including phosphates and nitrates mitigation

• Pollution / dust impacts

• Functionally linked land

• Recreational impacts

• Applying the derogation tests

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Cost

£285* / £300 per ticket (plus VAT) *early bird offer (limited spaces). These prices include a booking fee.Please note, we have had to increase the ticket price due to the course now being on a virtual platform which has increased the teaching time by 2.5 hours (compared with the face to face course).All course materials will be provided.Places are limited so we recommend that you book your place as soon as possible.To book your place please click the link below. Note that you will be directed to the Eventbrite website in order to pay and reserve your place on this course.Please note that tickets may only be changed or cancelled up to seven days before the seminar is due to take place. After that date no refunds given or changes made.

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Click here to register

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Testimonials from our 2021 online courses

• “Great course and trainer”

• “A very good course as usual, open and friendly presentation and a resource that is not available elsewhere”

• “Lovely polite and helpful staff”

• “I actually enjoyed the online event more than if I’d attended the usual classroom type teaching. Less travel, less carbon footprint, no travel cost and just more comfortable and relaxed.”

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If you would like to find out more about this event, please contact Penny Simpson.