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Planning Act 2008

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Changes over time for: Section 139

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Point in time view as at 06/04/2017.

Changes to legislation:

Planning Act 2008, Section 139 is up to date with all changes known to be in force on or before 05 March 2025. 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. Help about Changes to Legislation

139Common land and rights of commonE+W
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(1)An order granting development consent may not include provision the effect of which is to exclude or modify the application of a provision of or made under the Commons Act 2006, except in accordance with section 131 or 132.

(2)For the purposes of section 38(6)(a) of the Commons Act 2006, works carried out under a power conferred by an order granting development consent are not to be taken to be carried out under a power conferred by or under an enactment, except in a case to which section 131 or 132 applies.

(3)An order granting development consent may not authorise the suspension of, or extinguishment or interference with, registered rights of common, except in accordance with section 131 or 132.

(4)Registered rights of common” means rights of common registered under—

(a)the Commons Act 2006, or

(b)the Commons Registration Act 1965.

Commencement Information

I1S. 139 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)

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