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The Conservation (Natural Habitats, &c.) Regulations 1994
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- UK Statutory Instruments
- 1994 No. 2716
- PART IVA
- Regulation 85D
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[F1[F2Co-ordination for land use plan prepared by more than one planning authorityE+W+S
85D.—(1) This regulation applies where two or more planning authorities prepare [F3a strategic development plan under section 4 or a joint local development plan under section 16] of the 1997 Planning Act.
(2) Nothing in regulation 85B(1) requires a planning authority to assess any implications of [F4a strategic development plan or a joint local development plan] which would be more appropriately assessed under that provision by another planning authority.
(3) The Scottish Ministers may issue guidance to planning authorities for the purposes of regulation 85B(1) as to the circumstances in which a planning authority may or should adopt the reasoning or conclusions of another planning authority as to whether [F5a strategic development plan or a joint local development plan]—
(a)is likely to have a significant effect on a European site [F6or a European offshore marine site], or
(b)will adversely affect the integrity of a European site [F7or a European offshore marine site].
(4) The planning authorities involved shall have regard to any guidance issued under paragraph (3) in discharging their functions under regulation 85B(1).
(5) In determining whether [F8a strategic development plan or a joint local development plan] should be adopted under regulation 85C(1) a planning authority shall seek and have regard to the views of other planning authorities involved.]]
Textual Amendments
F1Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)
F2Pt. 4A inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 2, sch. 1
F3Words in reg. 85D(1) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(4)(a)
F4Words in reg. 85D(2) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(4)(b)
F5Words in reg. 85D(3) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(4)(b)
F6Words in reg. 85D(3)(a) inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(53) (with reg. 9)
F7Words in reg. 85D(3)(b) inserted (S.) (21.8.2007) by virtue of The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(53) (with reg. 9)
F8Words in reg. 85D(5) substituted (S.) (28.2.2009) by The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order 2008 (S.S.I. 2008/427), arts. 1(1), 8(4)(c)
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