In September 2017, the Chirton and Conock Draft Neighbourhood Plan 2018 - 2026 was submitted to Wiltshire Council for assessment to determine whether it is likely to have significant environmental effects. The draft plan was screened in accordance with Part II of The Environmental Assessment of Plans and Programmes Regulations 2004 to determine whether SEA was necessary, in consultation with the statutory environmental bodies. Separately, it was screened in accordance with the Habitat Regulations to determine whether Appropriate Assessment was necessary. Wiltshire Council has determined that the Chirton and Conock Draft Neighbourhood Plan 2018 - 2026 is not likely to have significant environmental effects and that an environmental assessment is not required in respect of the draft plan.
In light of the recent Court of Justice of the European Union (CJEU) ruling for People Over Wind and Sweetman v Coillte Teoranta the 'test of likely significance', the HRA report for the Chirton and Conock Neighbourhood Plan has been revised to include an Appropriate Assessment of the Plan. The revised HRA report was issued to Natural England in February 2019 and it was confirmed that they supported the conclusions that the Plan will have no adverse effect on the integrity of the River Avon SAC or Salisbury Plain SPA.
The need for an Appropriate Assessment triggers the need for a Strategic Environmental Assessment, unless one of two exemptions applies, and a Reg 9(1) Determination concludes that the Plan is unlikely to result in significant environmental effects. The original SEA Screening Report and the Reg 9(1) determination have been revised to acknowledge the need to consider this automatic trigger and, in summary, it is concluded that the "small area" exemption applies and, therefore, a Reg 9(1) Determination needed to be made.
The original SEA Screening Report had already concluded that a Reg 9(1) determination was not needed to be made and the result of this determination is unchanged, therefore, the revised SEA Screening Report has been amended merely to document the change to the route by which this conclusion was reached.”