The Conservation (Natural Habitats, &c.) Regulations 1994 No. 2716

PART IV E+W+S ADAPTATION OF PLANNING AND OTHER CONTROLS

Modifications etc. (not altering text)

C1 Pt. 4 applied (with modifications) (E.W.) (7.6.2006) by The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006 (S.I. 2006/1282), arts. 1, 15

General provisions for protection of European sites E+W+S

Review of existing decisions and consents, &c. E+W+S

50.—(1) Where before the date on which a site becomes a European site or, if later, the commencement of these Regulations, a competent authority have decided to undertake, or have given any consent, permission or other authorisation for, a plan or project to which regulation 48(1) would apply if it were to be reconsidered as of that date, the authority shall as soon as reasonably practicable, review their decision or, as the case may be, the consent, permission or other authorisation, and shall affirm, modify or revoke it.

(2) They shall for that purpose make an appropriate assessment of the implications for the site in view of that site’s conservation objectives; and the provisions of regulation 48(2) to (4) [F1 and regulation 48A] shall apply, with the appropriate modifications, in relation to such a review.

(3) Subject to the following provisions of this Part, any review required by this regulation shall be carried out under existing statutory procedures where such procedures exist, and if none exist the Secretary of State may give directions as to the procedure to be followed.

(4) Nothing in this regulation shall affect anything done in pursuance of the decision, or the consent, permission or other authorisation, before the date mentioned in paragraph (1).

Textual Amendments

F1 Words in reg. 50(2) inserted (S.) (29.6.2007) by The Conservation (Natural Habitats, &c.) Amendment (No. 2) (Scotland) Regulations 2007 (S.S.I. 2007/349), regs. 1(1), 2(5)

Commencement Information

I1 Reg. 50 in force at 30.10.1994, see reg. 1(2)