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36. Regulation 73 of the Conservation of Habitats and Species Regulations 2010(1) shall not apply to planning permission for the development authorised by this Order granted as permitted development by article 3 of, and Parts 11 and 17 of Schedule 2 to, the 1995 Order, in respect of that part of the development which—
(a)forms part of a plan or project which was subject to an appropriate assessment under regulation 61 of those Regulations in connection with the making of this Order; or
(b)is subject to a further consent, permission or authorisation by a competent authority within the meaning of those Regulations.
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