The Conservation (Natural Habitats, &c.) Regulations 1994

[F1 PART IVA E+W+S [F2 APPROPRIATE ASSESSMENTS FOR LAND USE PLANS ][F2 APPROPRIATE ASSESSMENTS FOR LAND USE PLANS FOR ENGLAND AND WALES]

Textual Amendments

F1 Pt. 4A inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 2, sch. 1

F2 Pt. 4A inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(55), Sch. 1 (with reg. 9)

Interpretation S

85A.— (1) In this Part–

“the 1997 Planning Act” means the Town and Country Planning (Scotland) Act 1997;

[F3 “land use plan” means a strategic development plan or local development plan or supplementary guidance as provided for in Part 2 of the 1997 Planning Act;]

“plan making authority” means–

(a)

a planning authority;

(b)

the Loch Lomond and the Trossachs National Park Authority and the Cairngorms National Park Authority;

(c)

[F4 the Scottish Ministers when exercising powers under section 13 (approval or rejection of strategic development plans), 20 (constitution of local development plans) or section [F5 23B] (default powers of the Scottish Ministers) of the 1997 Planning Act];

“planning authority” has the meaning given in section 1 of the 1997 Planning Act.

(2) References in this Part to giving effect to a land use plan are to–

(a) the adoption by a planning authority, the Loch Lomond and the Trossachs National Park Authority or the Cairngorms National Park Authority of [F6 a local development plan under section 20] of the 1997 Planning Act;

[F7 (aa) the adoption of supplementary guidance under section 22 of the 1997 Planning Act;]

(b) the approval by the Scottish Ministers of [F8 a strategic development plan under section 13 or a local development plan under section 20] of the 1997 Planning Act.

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F3 Words in reg. 85A(1) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(2)(a)

F4 Words in reg. 85A(1) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(2)(b)

F5 Word in reg. 85A(1) substituted (S.) (16.11.2009) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2009 (S.S.I. 2009/343), regs. 1, 2(2)

F6 Words in reg. 85A(2)(a) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(3)(a)

F7 Reg. 85A(2)(aa) inserted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(3)(b)

F8 Words in reg. 85A(2)(b) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(3)(c)

[F22 Interpretation E+W

85A.— (1) This Part extends to England and Wales only.

(2) In this Part—

“the 1990 Act” means the Town and Country Planning Act 1990;

“the 1999 Act” means the Greater London Authority Act 1999;

“the 2004 Planning Act” means the Planning and Compulsory Purchase Act 2004;

“the 2005 Order” means the Planning and Compulsory Purchase Act 2004 (Commencement No.3 and Consequential, Transitional and Saving Provisions) (Wales) Order 2005;

“land use plan” means—

(a)

the regional spatial strategy under Part 1 (regional functions) of the 2004 Planning Act;

(b)

the spatial development strategy under section 334 (the spatial development strategy) of the 1999 Act;

(c)

a local development document as provided for in Part 2 (local development) of the 2004 Planning Act other than a statement of community involvement under section 18 (statement of community involvement) of that Act;

(d)

a local development plan as provided for in Part 6 (Wales) of the 2004 Planning Act;

(e)

the Wales Spatial Plan under section 60 (Wales Spatial Plan) of the 2004 Planning Act;

(f)

an alteration or replacement of a structure plan, unitary development plan, local plan, minerals local plan, or waste local plan under Part 2 (development plans) of the 1990 Act to the extent permitted by Schedule 8 (transitional provisions) to the 2004 Planning Act; or

(g)

a unitary development plan as provided for in Part 2 of the 1990 Act to the extent permitted by section 122(3) (regulations and orders) of the 2004 Planning Act and article 4 of the 2005 Order;

“plan-making authority” means—

(a)

a regional planning body recognised by the Secretary of State under section 2(1) (regional planning bodies) of the 2004 Planning Act;

(b)

the Mayor of London when exercising powers under section 341(1) or (2) (alteration or replacement) of the 1999 Act;

(c)

an authority which, by virtue of Part 1 (planning authorities) of the 1990 Act or an order under section 29(2) (joint committees) of the 2004 Planning Act, is a local planning authority;

(d)

the Secretary of State when exercising powers under—

(i)

section 21 (intervention by Secretary of State) or section 27 (Secretary of State's default power) of the 2004 Planning Act; or

(ii)

section 19(1) (approval of a unitary development plan by the Secretary of State), section 35A(4) (calling in of proposal for approval by the Secretary of State) or section 45(1) (approval of proposals by the Secretary of State) of the 1990 Act to the extent permitted by Schedule 8 to the 2004 Planning Act; or

(e)

the Welsh Ministers when exercising powers under—

(i)

section 60(3), section 65 (intervention by Assembly) or section 71(4) (Assembly's default power) of the 2004 Planning Act; or

(ii)

under section 19(1) of the 1990 Act to the extent permitted by section 122(3) of the 2004 Planning Act and article 4 of the 2005 Order.

(3) References in this Part to giving effect to a land use plan are to—

(a) the publication, under section 9(6) (RSS: further procedure) of the 2004 Planning Act, of a revision of a regional spatial strategy;

(b) the approval, under section 21(9) or section 27(4) of the 2004 Planning Act, of a local development document;

(c) the adoption, under section 23 (adoption of local development documents) of the 2004 Planning Act, of a local development document other than a statement of community involvement under section 18 (statement of community involvement) of that Act;

(d) the publication, under section 341 (alteration or replacement) of the 1999 Act, of alterations of the spatial development strategy or a new spatial development strategy to replace it;

(e) the publication, under section 60 (Wales Spatial Plan) of the 2004 Planning Act, of a revision of the Wales Spatial Plan;

(f) the adoption, under section 67 (adoption of local development plan) of the 2004 Planning Act, of a local development plan;

(g) the approval, under section 65(9) or section 71(4) of the 2004 Planning Act, of a local development plan;

(h) the adoption, under section 35(1) (adoption of proposals), or approval under section 35A(4) of the 1990 Act, of an alteration or replacement of a structure plan to the extent permitted by paragraph 2(2) of Schedule 8 to the 2004 Planning Act;

(i) the adoption, under section 15(1) (adoption of unitary development plans by local planning authority) and that provision as applied by section 21(2) (alteration or replacement) of the 1990 Act, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4(1) of Schedule 8 to the 2004 Planning Act;

(j) the approval, under section 19(1) and that provision as applied by section 21(2) of the 1990 Act, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4(1) of Schedule 8 to the 2004 Planning Act;

(k) the adoption, under section 43(1) (adoption of proposals) or approval under section 45(1) of the 1990 Act, of an alteration or replacement of a local plan or a minerals local plan or waste local plan to the extent permitted by paragraph 9(1), 10(1) or 14 of Schedule 8 to the 2004 Planning Act;

(l) the adoption, under section 15(1) of the 1990 Act, of a unitary development plan to the extent permitted by section 122(3) of the 2004 Planning Act and article 4 of the 2005 Order; or

(m) the approval, under section 19(1) of the 1990 Act, of a unitary development plan to the extent permitted by section 122(3) of the 2004 Planning Act and article 4 of the 2005 Order.]

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F22 Pt. 4A inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(55), Sch. 1 (with reg. 9)

Assessment of implications for European site S

85B.— (1) Where a land use plan–

(a) is likely to have a significant effect on a European site in Great Britain [F9 or a European offshore marine site] (either alone or in combination with other plans or projects); and

(b) is not directly connected with or necessary to the management of the site,

the plan-making authority for that land use plan shall, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site's conservation objectives.

(2) The plan-making authority shall for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body within such reasonable time as the authority may specify.

(3) The plan-making authority shall, if it considers it appropriate, take the opinion of the general public, and in doing so, shall take such steps for that purpose as it considers appropriate.

(4) In the light of the conclusions of the assessment, and subject to regulation 85C (considerations of overriding public interest), the plan-making authority shall give effect to the land use plan only after having ascertained that it will not adversely affect the integrity of the European site [F10 or the European offshore marine site (as the case may be)] .

(5) A plan-making authority other than the Scottish Ministers shall provide such information as the Scottish Ministers may reasonably require–

(a) to enable the Scottish Ministers to determine whether an assessment under paragraph (1) is required; or

(b) for the purposes of an assessment under paragraph (1).

[F11 (6) This regulation does not apply in relation to a site which is—

(a) a European site by reason of regulation 10(1)(c); or

(b) a European offshore marine site by reason of regulation 15(c) of the 2007 Regulations.]

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F9 Words in reg. 85B(2) inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(51)(a) (with reg. 9)

F10 Words in reg. 85B(4) inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(51)(b) (with reg. 9)

F11 Reg. 85B(6) substituted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(51)(c) (with reg. 9)

[F22 Assessment of implications for European sites and European offshore marine sites E+W

85B.— (1) Where a land use plan—

(a) is likely to have a significant effect on a European site in Great Britain or a European offshore marine site (either alone or in combination with other plans or projects), and

(b) is not directly connected with or necessary to the management of the site,

the plan-making authority for that plan shall, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site's conservation objectives.

(2) The plan-making authority shall for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body within such reasonable time as the authority specifies.

(3) They shall also, if they consider it appropriate, take the opinion of the general public, and if they do so, they shall take such steps for that purpose as they consider appropriate.

(4) In the light of the conclusions of the assessment, and subject to regulation 85C (considerations of overriding public interest), the plan-making authority or, in the case of a regional spatial strategy, the Secretary of State shall give effect to the land use plan only after having ascertained that it will not adversely affect the integrity of the European site or the European offshore marine site (as the case may be).

(5) A plan-making authority shall provide such information as the Secretary of State or the Welsh Ministers may reasonably require for the purposes of the discharge of the obligations of the Secretary of State or the Welsh Ministers under this Part.]

(6) This regulation does not apply in relation to a site which is—

(a) a European site by reason of regulation 10(1)(c); or

(b) a European offshore marine site by reason of regulation 15(c) of the 2007 Regulations.

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F22 Pt. 4A inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(55), Sch. 1 (with reg. 9)

Considerations of overriding public interest S

85C.— (1) If the plan making authority is satisfied that, there being no alternative solutions, the land use plan must be given effect for imperative reasons of overriding public interest (which subject to paragraph (2), may be of a social or economic nature), it may give effect to the land use plan notwithstanding a negative assessment of the implications for the European site [F12 or the European offshore marine site (as the case may be)].

(2) Where the site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (1) must be either–

(a) reasons relating to human health, public safety or beneficial consequences of primary importance to the environment; or

(b) any other reasons of overriding public interest provided the competent authority has had regard to the opinion of the European Commission in satisfying themselves that there are such reasons.

(3) Where a plan-making authority, other than the Scottish Ministers, desires to obtain the opinion of the European Commission as to whether reasons are to be considered imperative reasons of overriding public interest, it shall submit a written request to the Scottish Ministers–

(a) identifying the matter on which an opinion is sought; and

(b) accompanied by any documents or information which may be required.

(4) The Scottish Ministers may seek the opinion of the European Commission and shall transmit the opinion to the plan-making authority.

(5) Where a plan-making authority other than the Scottish Ministers proposes to give effect to a land use plan under this regulation notwithstanding a negative assessment of the implications for [F13 the site concerned], it shall notify the Scottish Ministers.

(6) Having notified the Scottish Ministers under paragraph (5), the authority in question shall not give effect to the land use plan before the end of the period of 21 days beginning with the day notified to it by the Scottish Ministers as that on which the notification was received by them, unless the Scottish Ministers notify the authority that it may do so.

(7) Without prejudice to any other power, the Scottish Ministers may give directions to the plan making authority prohibiting it from giving effect to the land use plan, either indefinitely or during such period as may be specified in the direction.

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F12 Words in reg. 85C(1) inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(52)(a) (with reg. 9)

F13 Words in reg. 85C(5) substituted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(52)(b) (with reg. 9)

[F23 Considerations of overriding public interest E+W

85C.— (1) If the plan-making authority is satisfied that, there being no alternative solutions, the land use plan must be given effect for imperative reasons of overriding public interest (which, subject to paragraph (3), may be of a social or economic nature), they may give effect to the land use plan notwithstanding a negative assessment of the implications for the European site or the European offshore marine site (as the case may be).

(2) In relation to a regional spatial strategy under Part 1 (regional functions) of the 2004 Planning Act, paragraph (1) applies to the Secretary of State as it applies to a plan-making authority in the case of any other land use.

(3) Where the site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (1) must be either—

(a) reasons relating to human health, public safety or beneficial consequences of primary importance to the environment, or

(b) any other imperative reasons of overriding public interest, provided that the competent authority has had due regard to the opinion of the European Commission in satisfying themselves that there are such reasons.

(4) Where a plan-making authority, other than the Secretary of State or the Welsh Ministers, desire to obtain the opinion of the European Commission as to whether reasons are to be considered imperative reasons of overriding public interest, they shall submit a written request to the Secretary of State for a plan relating to England and to the Welsh Ministers for a plan relating to Wales—

(a) identifying the matter on which an opinion is sought, and

(b) accompanied by any documents or information which may be required.

(5) The Secretary of State may, if he thinks fit, seek the opinion of the European Commission for—

(a) a plan relating to England; or

(b) at the request of the Welsh Ministers, a plan relating to Wales.

(6) The Secretary of State shall send any opinion obtained under paragraph (5) to—

(a) in the case of a plan relating to England, the plan-making authority, and

(b) in the case of a plan relating to Wales, the Welsh Ministers.

(7) The Welsh Ministers shall, upon receiving the opinion, transmit it to the plan-making authority.

(8) Where a plan-making authority, other than the Secretary of State or the Welsh Ministers, propose to give effect to a land use plan under this regulation, they shall notify—

(a) the Secretary of State, if the plan relates to England; or

(b) the Welsh Ministers, if the plan relates to Wales.

(9) The plan-making authority shall not give effect to the land use plan before the end of the period of 21 days beginning with the day notified by the Secretary of State or the Welsh Ministers as that on which their notification was received, unless—

(a) the Secretary of State, in relation to a plan relating to England, or

(b) the Welsh Ministers, in relation to a plan relating to Wales,

notifies them that they may do so.

(10) Without prejudice to any other power, the Secretary of State (in relation to a plan relating to England), or the Welsh Ministers (in relation to a plan relating to Wales), may give directions to the authority in any such case prohibiting them from giving effect to the land use plan, either indefinitely or during such period as may be specified in the direction.]

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F23 Pt. 4A inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(55), Sch. 1 (with reg. 9)

Co-ordination for land use plan prepared by more than one planning authority S

85D.— (1) This regulation applies where two or more planning authorities prepare [F14 a strategic development plan under section 4 or a joint local development plan under section 16] of the 1997 Planning Act.

(2) Nothing in regulation 85B(1) requires a planning authority to assess any implications of [F15 a strategic development plan or a joint local development plan] which would be more appropriately assessed under that provision by another planning authority.

(3) The Scottish Ministers may issue guidance to planning authorities for the purposes of regulation 85B(1) as to the circumstances in which a planning authority may or should adopt the reasoning or conclusions of another planning authority as to whether [F16 a strategic development plan or a joint local development plan]–

(a) is likely to have a significant effect on a European site [F17 or a European offshore marine site], or

(b) will adversely affect the integrity of a European site [F18 or a European offshore marine site].

(4) The planning authorities involved shall have regard to any guidance issued under paragraph (3) in discharging their functions under regulation 85B(1).

(5) In determining whether [F19 a strategic development plan or a joint local development plan] should be adopted under regulation 85C(1) a planning authority shall seek and have regard to the views of other planning authorities involved.

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F14 Words in reg. 85D(1) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(4)(a)

F15 Words in reg. 85D(2) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(4)(b)

F16 Words in reg. 85D(3) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(4)(b)

F17 Words in reg. 85D(3)(a) inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(53) (with reg. 9)

F18 Words in reg. 85D(3)(b) inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(53) (with reg. 9)

F19 Words in reg. 85D(5) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(4)(c)

[F24 Co-ordination for land use plan prepared by more than one authority E+W

85D.— (1) The following provisions apply where two or more local planning authorities prepare a joint local development document under section 28 (joint local development documents) or a joint local development plan under section 72 (joint local development plans) of the 2004 Planning Act.

(2) Nothing in paragraph (1) of regulation 85B (assessment of implications for European site or European offshore marine site) requires a local planning authority to assess any implications of a joint local development document or plan which would be more appropriately assessed under that provision by another local planning authority.

(3) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may issue guidance to local planning authorities for the purposes of regulation 85B(1) as to the circumstances in which an authority may or should adopt the reasoning or conclusions of another authority as to whether a joint local planning document or plan—

(a) is likely to have a significant effect on a European site or European offshore marine site, or

(b) will adversely affect the integrity of a European site or European offshore marine site.

(4) The local planning authorities concerned shall have regard to any such guidance.

(5) In determining whether a joint local development document or plan should be adopted under regulation 85C (considerations of overriding public interest), a local planning authority shall seek and have regard to the views of the other local planning authorities concerned.]

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F24 Pt. 4A inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(55), Sch. 1 (with reg. 9)

Compensatory measures S

85E.   Where in accordance with regulation 85C a land use plan is given effect, notwithstanding a negative assessment of the implications for a European site [F20 or a European offshore marine site], the Scottish Ministers shall secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected.]

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F20 Words in reg. 85E inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(54) (with reg. 9)

[F25 Co-ordination for land use plan prepared by more than one authority E+W

85E.— (1) The following provisions apply where two or more local planning authorities prepare a joint local development document under section 28 (joint local development documents) or a joint local development plan under section 72 (joint local development plans) of the 2004 Planning Act.

(2) Nothing in paragraph (1) of regulation 85B (assessment of implications for European site or European offshore marine site) requires a local planning authority to assess any implications of a joint local development document or plan which would be more appropriately assessed under that provision by another local planning authority.

(3) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) may issue guidance to local planning authorities for the purposes of regulation 85B(1) as to the circumstances in which an authority may or should adopt the reasoning or conclusions of another authority as to whether a joint local planning document or plan—

(a) is likely to have a significant effect on a European site or European offshore marine site, or

(b) will adversely affect the integrity of a European site or European offshore marine site.

(4) The local planning authorities concerned shall have regard to any such guidance.

(5) In determining whether a joint local development document or plan should be adopted under regulation 85C (considerations of overriding public interest), a local planning authority shall seek and have regard to the views of the other local planning authorities concerned.]

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F25 Pt. 4A inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(55), Sch. 1 (with reg. 9)

[F21 National Policy Statements S

85F.— (1)  This Part applies—

(a) in relation to a national policy statement under Part 2 (national policy statements) of the Planning Act 2008 as it applies in relation to a land use plan; and

(b) in relation to the Secretary of State when exercising powers under Part 2 of the Planning Act 2008 as it applies in relation to a plan-making authority,

with the modifications specified in paragraphs (2) to (4).

(2) Any reference in this Part to giving effect to a land use plan shall, in relation to a national policy statement, be taken to be a reference to the designation of a statement as a national policy statement or an amendment of a national policy statement under Part 2 of the Planning Act 2008.

(3) Regulations 85B(5), 85C(3) to (7) and 85D do not apply.

(4) Regulation 85E applies as if, for the words “Scottish Ministers”, there were substituted “ Secretary of State ”.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F21 Reg. 85F inserted (S.) (1.10.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 8

[F26 National Policy Statements E+W

85F.— (1)  This Part applies—

(a) in relation to a national policy statement under Part 2 (national policy statements) of the Planning Act 2008 as it applies in relation to a land use plan; and

(b) in relation to the Secretary of State when exercising powers under Part 2 of the Planning Act 2008 as it applies in relation to a plan-making authority,

with the modifications specified in paragraphs (2) to (4).

(2) Any reference in this Part to giving effect to a land use plan shall, in relation to a national policy statement, be taken to be a reference to the designation of a statement as a national policy statement or an amendment of a national policy statement under Part 2 of the Planning Act 2008.

(3) Regulations 85B(5), 85C(4) to (10) and 85D do not apply.

(4) Regulation 85E (compensatory measures) applies as if the words “(where the plan relates to England) and the Welsh Ministers (where the plan relates to Wales)” were omitted.]

Extent Information

E4 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F26 Reg. 85F inserted (E.W.) (1.10.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 7