Government review will investigate effect of Habitats Directive on developments

The review will investigate concerns that the Directives' requirements can give rise to unnecessary costs and delays, and that in some cases they are being improperly used to delay developments, the Statement (98-page / 3MB PDF) said.

"The vast majority of development cases do successfully meet the Directives’ requirements but a small number raise particularly complex issues which give rise to unnecessary costs and delays," said Caroline Spelman, Environment Secretary.

"There is also the possibility that the Directives are being used in ways for which they were not intended. These issues risk undermining the reputation of the Directives, and the valuable protection they provide," she said.

DEFRA said that it will establish a unit which will explore how the complexity of and compliance with the Directives can block developments. It said it would improve the support and assistance that Natural England offers to developers, which will be subject to a public consultation before March 2012. It will aim to make it easier for businesses to understand what is required of them to comply with the Directives.

The Habitats and Birds Directives aim to protect rare and threatened species that could be harmed by development. The review will concentrate on ways to improve Directives' implementation, and will not look at lessening the protection afforded by the Directives, the Government said.

"I am looking forward to seeing recommendations on dealing with any overly-bureaucratic or long, drawn out examples of implementation, without compromising the current levels of environmental protection,” said Spelman.

Sites such as Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) are protected under the Directives.  There are currently 251 SACs and 84 SPAs in England, covering about 6% of land and 24% of inshore waters

DEFRA will conduct the review and produce a report by March 2012.