158Nuisance: statutory authorityE+W+S
(1)This subsection confers statutory authority for—
(a)carrying out development for which consent is granted by an order granting development consent;
(b)doing anything else authorised by an order granting development consent.
(2)Statutory authority under subsection (1) is conferred only for the purpose of providing a defence in civil or criminal proceedings for nuisance.
(3)Subsections (1) and (2) are subject to any contrary provision made in any particular case by an order granting development consent.
Modifications etc. (not altering text)
C1S. 158 modified (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 9(4) (with art. 33)
C2S. 158(1) excluded (24.7.2014) by The Daventry International Rail Freight Interchange Alteration Order 2014 (S.I. 2014/1796), arts. 1, 9 (with art. 24(2), Sch. 6 para. 3)
C3S. 158(2) excluded (24.7.2014) by The Daventry International Rail Freight Interchange Alteration Order 2014 (S.I. 2014/1796), arts. 1, 9 (with art. 24(2), Sch. 6 para. 3)
C4S. 158(2) applied (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 19(1) (with art. 31)
C5S. 158(2) applied (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 20(1)
Commencement Information
I1S. 158 in force at 1.3.2010 by S.I. 2010/101, art. 3(i) (with art. 6)