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Planning Act 2008, Section 105 is up to date with all changes known to be in force on or before 16 November 2024. 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.
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(1)This section applies in relation to an application for an order granting development consent [F2if section 104 does not apply in relation to the application].
(2)In deciding the application the Secretary of State must have regard to—
(a)any local impact report (within the meaning given by section 60(3)) submitted to the [F3Secretary of State] before the deadline specified in a notice under section 60(2),
(b)any matters prescribed in relation to development of the description to which the application relates, and
(c)any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State's decision.
Textual Amendments
F1S. 105 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(4); S.I. 2012/628, art. 7(a)
F2Words in s. 105(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(2); S.I. 2012/628, art. 7(a)
F3Words in s. 105(2)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(3); S.I. 2012/628, art. 7(a)
Commencement Information
I1S. 105 partly in force; s. 105 in force for certain purposes at Royal Assent see s. 241
I2S. 105 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
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