The Environmental Permitting (England and Wales) Regulations 2010

Interpretation: specified functions

2.—(1) In this Schedule, “ specified functions” means the following functions—

(a) in the case of an appropriate authority, its functions under Part 2 of the Food and Environment Protection Act 1985(1);

(b) in the case of a planning authority—

(i) determining an application for planning permission under section 70 of the Town and Country Planning Act 1990,

(ii) determining an appeal made under section 78 of that Act(2) in relation to a determination under sub-paragraph (i),

(iii) deciding whether to take action under section 141(2) or (3) or 177(1)(a) or (b) of the Town and Country Planning Act 1990(3), or under section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990,

(iv) deciding whether to direct under section 90(1), (2) or (2A) of the Town and Country Planning Act 1990(4) that planning permission must be deemed to be granted,

(v) deciding whether—

(aa) in making or confirming a discontinuance order, to include in the order any grant of planning permission, or

(bb) to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,

and for the purposes of this sub-paragraph, “discontinuance order” means an order under section 102 of the Town and Country Planning Act 1990 (including an order made under that section by virtue of section 104 of that Act), or under paragraph 1 of Schedule 9 to that Act (including an order made under that paragraph by virtue of paragraph 11 of that Schedule)(5),

(vi) making a local development order under section 61A of the Town and Country Planning Act 1990(6),

(vii) discharging functions under Part 2 of the Town and Country Planning Act 1990, under Parts 1 and 2 of and Schedule 8 to the Planning and Compulsory Purchase Act 2004 in relation to England or under Part 6 of and Schedule 8 to the Planning and Compulsory Purchase Act 2004 in relation to Wales,

(viii) deciding whether to—

(aa) make a development consent order under section 104 or 105 of the Planning Act 2008(7), or

(bb) make changes to, or revoke, such an order under section 153 of that Act, other than in accordance with paragraph 2 of Schedule 6 to that Act.

(2) But a function which must be discharged by statutory instrument is not a specified function.

(1)

1985 c. 48.

(2)

Section 78 was amended by the Planning and Compensation Act 1991 (c. 34), section 17(2) and the Planning and Compulsory Purchase Act 2004 (c. 5), sections 40(2)(e) and 43(2).

(3)

Section 177 was amended by the Planning and Compensation Act 1991 (c. 34), section 32 and Schedule 7.

(4)

Section 90(1) was amended by the Environment Act 1995 (c. 25), section 78 and Schedule 10; Section 90(2A) was inserted by the Transport and Works Act 1992 (c. 42), section 16(1).

(5)

Section 102 was amended by the Planning and Compensation Act 1991 (c. 34), section 32 and Schedule 7; section 102 and paragraph 1 of Schedule 9 were amended by section 21 of, and Schedule 1 to, that Act.

(6)

Section 61A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 40(1).

(7)

2008 c. 29.