Search Legislation

The Conservation of Habitats and Species Regulations 2017

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 110A

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Conservation of Habitats and Species Regulations 2017. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1Assessments under this Chapter: required assumptionsE+W+S
This section has no associated Explanatory Memorandum

110A.(1) This regulation applies where—

(a)a plan-making authority makes a relevant decision in relation to a land use plan relating to an area in England,

(b)the authority is required to make a relevant assessment before the decision is made,

(c)waste water from the area to which the plan relates could be dealt with by a plant in England that, at the time of the decision, is—

(i)a nitrogen significant plant, or

(ii)a phosphorus significant plant, and

(d)the decision is made—

(i)where the plant is a non-catchment permitting area plant, before the upgrade date, or

(ii)where the plant is a catchment permitting area plant, before the applicable date.

(2) In making the relevant assessment, the authority must assume—

(a)in a case within paragraph (1)(c)(i) and (d)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date;

(b)in a case within paragraph (1)(c)(ii) and (d)(i), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date;

(c)in a case within paragraph (1)(c)(i) and (d)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date;

(d)in a case within paragraph (1)(c)(ii) and (d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date.

(3) Paragraph (2)

(a)is subject to regulation 110B (direction that assumptions are not to apply), and

(b)does not prevent the authority, in making a relevant assessment, from having regard to any outperformance, or expected outperformance, by a plant that is a non-catchment permitting area plant.

(4) In paragraph (1)relevant decision” means—

(a)a decision whether to give effect to a land use plan, or

(b)a decision whether to modify or revoke a neighbourhood development plan.

(5) In this regulation “relevant assessment”, in relation to a land use plan, means—

(a)in relation to a decision within paragraph (4)(a), where an appropriate assessment of the implications for a site of the land use plan is required by regulation 105(1), that assessment;

(b)in relation to a decision within paragraph (4)(b), where such an assessment is required by regulation 105(1) as applied by regulation 106(3), that assessment.]

Back to top

Options/Help

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?