(1)The Secretary of State may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects[F1, including effects on biodiversity,] of the proposed development.
(2)The regulations—
(a)may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any [F2EU] obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the M1European Communities Act 1972, and
(b)may make different provisions for different classes of development.
(3)Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, no statutory instrument containing such regulations shall be subject to annulment by virtue of section 275(3).
[F3(4)Without prejudice to subsection (1), before planning permission is granted by a planning authority in respect of anything which is development by virtue of section 26(6), the authority must consider the effect of the proposed development on the water environment.
[F4(4A)In subsection (1), “effects on biodiversity” includes the net positive effects on biodiversity that would be likely to result from the development.]
(5) In subsection (4), “ water environment ” has the same meaning as in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3). ]
Textual Amendments
F1Words in s. 40(1) inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 24(2)(a), 63(2); S.S.I. 2019/385, reg. 2
F2Word in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))
F3S. 40(4)(5) inserted (6.2.2007 for specified purposes, 31.3.2007 in so far as not already in force) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 24(3), 38(1); S.S.I. 2007/50, art. 2
F4S. 40(4A) inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 24(2)(b), 63(2); S.S.I. 2019/385, reg. 2
Marginal Citations