Section 65 Making of EDP by Secretary of StateI1I2

After complying with section 64, Natural England may send a draft of the EDP to the Secretary of State to be made.

When providing the Secretary of State with a draft EDP, Natural England must also provide to the Secretary of State—

The Secretary of State may make the EDP only if the Secretary of State considers that the EDP passes the overall improvement test.

An EDP passes the overall improvement test if, by the EDP end date, the effect of the conservation measures will materially outweigh the negative effect of the EDP development on the conservation status of each identified environmental feature.

In subsection (4), “the negative effect of the EDP development” means the effect, caused by the environmental impact, as identified in the EDP in accordance with section 61(1)(b), of the maximum amount of development to which the EDP may apply, as specified in accordance with section 60(5).

The Secretary of State may request further information from Natural England in order to decide whether to make an EDP.

If the Secretary of State decides not to make an EDP, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.