Regulation 77: Conservation of Habitats and Species Regulations

Regulation 75 of the Conservation of Habitats and Species Regulations 2017 imposes a condition on any permission granted by the General Permitted Development Order (GDPO) that is likely to have a significant effect on a European Site (such as the Arun Valley) must not commence until the developer has received written notification of the approval of the local planning authority under Regulation 77. This means that any development granted under the GPDO that will consume water (other than that granted under Part 1 and 2 of Schedule 2) cannot lawfully proceed until Regulation 77 is satisfied.  This includes all development that has received Prior Approval consent under the GPDO but has not been completed.

The process for this is to submit to the planning authority sufficient information for it to enable an assessment to take place. This should include a full water neutrality strategy for those developments that will take water from the Arun Valley European site. Where the strategy proposes mitigation to ensure water neutrality, the mitigation will need to be secured within a legal agreement as the Regulations do not otherwise allow for conditional approval.

There is no statutory application form to be completed, but there is a requirement in the Regulations to pay £30 at the time of application.

Horsham District Council will then inform Natural England of the application, who will be given a period to make comments, and will take these comments into account.

Horsham District Council may approve the development only after having ascertained that it will not adversely affect the integrity of the site.

Submit a Regulation 77 application

To submit a Regulation 77 application, email planning@horsham.gov.uk and include the following documents:

• Details of the development to be carried out (scaled location plan and floor plans as a minimum), including where relevant the proposed water neutrality strategy.
• A response to your proposal from the nature conservation body (Natural England), if received.
• Confirmation of payment of the £30 fee. Please pay for your Regulation 77 application online.

After you apply

In order to be able to grant any such application under Regulation 77, the submitted water neutrality statement will need to pass through Appropriate Assessment.

In determining a s.77 application the Habitat Regulations do not provide a means for applying conditions to secure the implementation of a water neutrality strategy. Given the implementation of a strategy will be key to providing the necessary certainty that the development will be water neutral, we will require a Unilateral Undertaking to commit the relevant parties to implementing the strategy, retaining it in perpetuity including with appropriate monitoring and maintenance, and providing us with the evidence of its full implementation.