Habitat Regulations Assessment (Shadow HRA)
Last updated October 29, 2026.
Local validation checklist code A8
When you'll need to provide this
You must include this if you're submitting your planning application to either Swale or Maidstone borough councils.
For applications submitted to either Swale or Maidstone borough councils
These requirements apply to applications sumittted to either Swale or Maidstone borough councils.
All development which will result in a net increase in overnight population served by a wastewater system that falls within the catchment area of the river Stour (this includes developments proposing non-mains foul drainage.
MPORTANT NOTE: If your application falls outside the catchment area of the river Stour but would discharge into a Waste Water Treatment Works listed in the advice letter e.g. for Maidstone Applications - the Lenham Waste Water Treatment works, then there is a requirement to carry out a Shadow Habitats Regulations Assessment.
Typical proposals
The habitat regulations assessment (shadow hra) planning application requirement is typically needed when you're proposing to do any of the following:
New housing development; Commercial development; Industrial or warehouse developmentWhat you'll need to provide
What you'll need to include in your application
For applications submitted to either Swale or Maidstone borough councils
You should include a 'shadow' Habitats Regulations Assessment including Natural England's Nutrient Budget Calculator in Excel Format.
You'll need to ensure that the mitigation measures are sufficient and effective and to allow the Local Planning Authority to adopt an Appropriate Assessment.
Why we need you to provide this
Why we need you to include this in your application.
For applications submitted to either Swale or Maidstone borough councils
Paragraph 43 of the NPPF confirms that 'the right information is crucial to good decision- making, particularly where formal assessments are required (such as Environmental Impact Assessment, Habitats Regulations assessment and flood risk assessment). To avoid delays, applications should discuss what information is needed with the local planning authority and expert bodies as early as possible'.
If the development results 'in a net increase in population served by a wastewater system' – see the Natural England advice letter (March 2022) on the Council website and falls within the catchment of the river Stour, then the applicant will be expected to show how they will achieve nutrient neutrality as part of their application.
Regulation 63(2) of The Conservation of Habitats and Species Regulations 2017 confirms that 'a person applying for any such consent, permission or other authorisation must provide such information as the competent authority may reasonably require for the purposes of the assessment or to enable it to determine whether an appropriate assessment is required'.
Regulation 63(3) also confirms that 'the competent authority must for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body….'