177W.—(1) Where, notwithstanding a determination by a competent authority that a draft Land use plan or part thereof will adversely affect F918[the integrity of] a European site, and in the absence of alternative solutions, a competent authority considers that a land use plan should nevertheless be made for imperative reasons of overriding public interest, the authority shall—

(a) F919[set out the] imperative reasons of overriding public interest that necessitate the making of the Land use plan,

(b) propose the compensatory measures that are necessary to ensure that the overall coherence of the Natura 2000 network is protected,

(c) prepare a statement of case that imperative reasons of overriding public interest exist and of the compensatory measures that are required, and

(d) forward the said statement of case together with the draft Land use plan and Natura impact report to the Minister.

(2) A statement of case referred to in subsection (1)(c) shall specify—

(a) the considerations that led to the assessment by the competent authority that the draft Land use plan would adversely affect the integrity of a European site,

(b) the reasons for the forming of the view by the competent authority that there are no alternative solutions (including the option of not proceeding with the draft Land use plan or part thereof),

(c) the reasons for the forming of the view by the competent authority that imperative reasons of overriding public interest apply to the draft Land use plan, and

(d) the compensatory measures that are being proposed as necessary to ensure the overall coherence of F919[the Natura 2000 network], including if appropriate, the provision of compensatory habitat.

(3) In relation to a European site that does not host a priority natural habitat type or priority species, the imperative reasons of overriding public interest may include those of a social or economic nature.

(4) In relation to a European site that hosts a priority natural habitat type or priority species, the only imperative reasons of overriding public interest that may be considered are those relating to—

(a) human health,

(b) public safety,

(c) beneficial consequences of primary importance to the environment, or

(d) subject to subsection (5), and having obtained an opinion from the European Commission, other imperative reasons of overriding public interest.

(5) In invoking imperative reasons of overriding public interest under subsection (4)(d) the competent authority shall advise the Minister why he or she should be satisfied to request an opinion from the European Commission.

F919[(6) A competent authority shall make a statement of case, referred to in subsection (1), available for inspection by members of the public at the offices of the authority during its public opening hours and may also publish the statement on the internet.]

(7) For the purposes of this section and section 177X or 177Y, ‘compensatory measures’ are measures proposed or considered, as the case may be, by a competent authority in the first instance, and by the Minister, as the case may be, for the purposes of ensuring that the overall coherence of F919[the Natura 2000 network] is protected and may include the provision of compensatory habitats.]