Planning Act 2008, Section 104 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)This section applies in relation to an application for an order granting development consent if [F2a national policy statement has effect in relation to development of the description to which the application relates].
(2)In deciding the application the [F3Secretary of State] must have regard to—
(a)any national policy statement which has effect in relation to development of the description to which the application relates (a “relevant national policy statement”),
[F4(aa)the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;]
(b)any local impact report (within the meaning given by section 60(3)) submitted to the [F5Secretary of State] before the deadline specified in a notice under section 60(2),
(c)any matters prescribed in relation to development of the description to which the application relates, and
(d)any other matters which the [F3Secretary of State] thinks are both important and relevant to [F6the Secretary of State's] decision.
(3)The [F7Secretary of State] must decide the application in accordance with any relevant national policy statement, except to the extent that one or more of subsections (4) to (8) applies.
(4)This subsection applies if the [F8Secretary of State] is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the United Kingdom being in breach of any of its international obligations.
(5)This subsection applies if the [F9Secretary of State is] satisfied that deciding the application in accordance with any relevant national policy statement would lead to the [F10Secretary of State being in breach of any duty imposed on the Secretary of State] by or under any enactment.
(6)This subsection applies if the [F11Secretary of State] is satisfied that deciding the application in accordance with any relevant national policy statement would be unlawful by virtue of any enactment.
(7)This subsection applies if the [F12Secretary of State] is satisfied that the adverse impact of the proposed development would outweigh its benefits.
(8)This subsection applies if the [F13Secretary of State] is satisfied that any condition prescribed for deciding an application otherwise than in accordance with a national policy statement is met.
(9)For the avoidance of doubt, the fact that any relevant national policy statement identifies a location as suitable (or potentially suitable) for a particular description of development does not prevent one or more of subsections (4) to (8) from applying.
Textual Amendments
F1S. 104 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(7); S.I. 2012/628, art. 7(a)
F2Words in s. 104(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(2); S.I. 2012/628, art. 7(a)
F3Words in s. 104(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(a); S.I. 2012/628, art. 7(a)
F4S. 104(2)(aa) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 58(5), 324(2)(a)
F5Words in s. 104(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(b); S.I. 2012/628, art. 7(a)
F6Words in s. 104(2)(d) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(c); S.I. 2012/628, art. 7(a)
F7Words in s. 104(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)
F8Words in s. 104(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)
F9Words in s. 104(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(5)(a); S.I. 2012/628, art. 7(a)
F10Words in s. 104(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(5)(b); S.I. 2012/628, art. 7(a)
F11Words in s. 104(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)
F12Words in s. 104(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)
F13Words in s. 104(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)
Commencement Information
I1S. 104 partly in force; s. 104 in force for certain purposes at Royal Assent see s. 241
I2S. 104 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
The Whole Act without Schedules 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?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
