Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, whether he has made an assessment of whether use of emergency development provisions under the Town and Country Planning Act override the need for nitrate mitigation measures in the Solent region.

The Habitats Regulations apply to plans or projects which are likely to have a significant effect on a protected habitats site. All development, whether emergency or not is subject to this requirement, regardless of the legislation under which planning permission is granted.

Where a plan or project is likely to have significant effects on the environment the competent authority will need to undertake an Appropriate Assessment to determine whether development will have an adverse effect on the protected site. The competent authority may only grant consent where adequate mitigation of any adverse effect can be secured to enable development to proceed – such as nitrate neutrality.