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Planning Act 2008
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Changes over time for: Section 104
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Changes to legislation:
Planning Act 2008, Section 104 is up to date with all changes known to be in force on or before 21 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 104:
- Pt. 10A inserted by 2023 c. 55 Sch. 12 para. 1
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 104(4) words substituted by 2021 c. 30 Sch. 15 para. 3(3)
- s. 104(4) words substituted by 2021 c. 30 Sch. 15 para. 3(3)
- s. 104(5) words substituted by 2021 c. 30 Sch. 15 para. 3(3)
- s. 104(5) words substituted by 2021 c. 30 Sch. 15 para. 3(3)
- s. 104(6) words substituted by 2021 c. 30 Sch. 15 para. 3(3)
- s. 104(6) words substituted by 2021 c. 30 Sch. 15 para. 3(3)
- s. 104(8) words substituted by 2021 c. 30 Sch. 15 para. 3(4)
- s. 104(8) words substituted by 2021 c. 30 Sch. 15 para. 3(4)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 223(1)(za) inserted by 2023 c. 55 s. 139(6)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 10A inserted by 2023 c. 55 Sch. 12 para. 1
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 223(1)(za) inserted by 2023 c. 55 s. 139(6)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
104[F1Decisions in cases where national policy statement has effect]E+W+S
This section has no associated Explanatory Notes
(1)This section applies in relation to an application for an order granting development consent if [F2a national policy statement has effect in relation to development of the description to which the application relates].
(2)In deciding the application the [F3Secretary of State] must have regard to—
(a)any national policy statement which has effect in relation to development of the description to which the application relates (a “relevant national policy statement”),
[F4(aa)the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;]
(b)any local impact report (within the meaning given by section 60(3)) submitted to the [F5Secretary of State] before the deadline specified in a notice under section 60(2),
(c)any matters prescribed in relation to development of the description to which the application relates, and
(d)any other matters which the [F3Secretary of State] thinks are both important and relevant to [F6the Secretary of State's] decision.
(3)The [F7Secretary of State] must decide the application in accordance with any relevant national policy statement, except to the extent that one or more of subsections (4) to (8) applies.
(4)This subsection applies if the [F8Secretary of State] is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the United Kingdom being in breach of any of its international obligations.
(5)This subsection applies if the [F9Secretary of State is] satisfied that deciding the application in accordance with any relevant national policy statement would lead to the [F10Secretary of State being in breach of any duty imposed on the Secretary of State] by or under any enactment.
(6)This subsection applies if the [F11Secretary of State] is satisfied that deciding the application in accordance with any relevant national policy statement would be unlawful by virtue of any enactment.
(7)This subsection applies if the [F12Secretary of State] is satisfied that the adverse impact of the proposed development would outweigh its benefits.
(8)This subsection applies if the [F13Secretary of State] is satisfied that any condition prescribed for deciding an application otherwise than in accordance with a national policy statement is met.
(9)For the avoidance of doubt, the fact that any relevant national policy statement identifies a location as suitable (or potentially suitable) for a particular description of development does not prevent one or more of subsections (4) to (8) from applying.
Textual Amendments
F1S. 104 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(7); S.I. 2012/628, art. 7(a)
F2Words in s. 104(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(2); S.I. 2012/628, art. 7(a)
F3Words in s. 104(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(a); S.I. 2012/628, art. 7(a)
F4S. 104(2)(aa) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 58(5), 324(2)(a)
F5Words in s. 104(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(b); S.I. 2012/628, art. 7(a)
F6Words in s. 104(2)(d) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(c); S.I. 2012/628, art. 7(a)
F7Words in s. 104(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)
F8Words in s. 104(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)
F9Words in s. 104(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(5)(a); S.I. 2012/628, art. 7(a)
F10Words in s. 104(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(5)(b); S.I. 2012/628, art. 7(a)
F11Words in s. 104(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)
F12Words in s. 104(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)
F13Words in s. 104(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)
Commencement Information
I1S. 104 partly in force; s. 104 in force for certain purposes at Royal Assent see s. 241
I2S. 104 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
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