Planning Act 2008

109 Intervention: significant change in circumstances

(1) Section 112 applies by virtue of this section if—

(a) an application is made for an order granting development consent for development of a description in relation to which a national policy statement has effect,

(b) the Commission has accepted the application and has received a certificate under section 58(2), and (where section 59 applies) a notice under that section, in relation to the application, and

(c) the Secretary of State is satisfied that the condition in subsection (2) or (3) is met.

(2) The condition is that—

(a) since the time when the national policy statement was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any policy set out in the statement (“the relevant policy”) was decided,

(b) the change was not anticipated at that time,

(c) if the change had been anticipated at that time, the relevant policy would have been materially different,

(d) if the relevant policy was materially different, it would be likely to have a material effect on the decision on the application, and

(e) there is an urgent need in the national interest for the application to be decided before the national policy statement is reviewed.

(3) The condition is that—

(a) since the time when part of the national policy statement (“the relevant part”) was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part (“the relevant policy”) was decided,

(b) the change was not anticipated at that time,

(c) if the change had been anticipated at that time, the relevant policy would have been materially different,

(d) if the relevant policy was materially different, it would be likely to have a material effect on the decision on the application, and

(e) there is an urgent need in the national interest for the application to be decided before the relevant part is reviewed.

(4) In deciding whether the tests in subsection (2)(d) and (e), or (3)(d) and (e), are met, the Secretary of State must have regard to the views of the Commission.