The Conservation of Habitats and Species Regulations 2010

CHAPTER 2 PLANNING

Planning permission

Grant of planning permission

F1 68.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 23-72 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Planning permission: duty to review

F1 69.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 23-72 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Planning permission: consideration on review

F1 70.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 23-72 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Planning permission: effect of orders made on review

F1 71.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 23-72 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Planning permission: supplementary provisions as to compensation

F1 72.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 23-72 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

General development orders

General development orders

[F2 73.— (1) It is a condition of any planning permission granted by a general development order, whether made before or after 1st April 2010, that development which—

(a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and

(b) is not directly connected with or necessary to the management of the site,

must not be begun until the developer has received written notification of the approval of the local planning authority under regulation 75 (approval of local planning authority).

(2) It is a condition of any planning permission granted by a general development order made before 1st April 2010 that development which—

(a) is likely to have a significant effect on a European site (either alone or in combination with other plans or projects),

(b) is not directly connected with or necessary to the management of the site, and

(c) was begun but not completed before that date,

must not be continued until the developer has received written notification of the approval of the local planning authority under regulation 75.

(3) Nothing in this regulation affects anything done pursuant to any such planning permission before 1st April 2010.]

Textual Amendments

F2 Reg. 73 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Modifications etc. (not altering text)

C1 Reg. 73 excluded (1.9.2010) by The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (S.I. 2010/2020), art. 1(1), Sch. 4 para. 2 (with Sch. 4 para. 3)

C2 Reg. 73 excluded (7.4.2011) by The Associated British Ports (Grimsby Riverside Ro-Ro Terminal) Harbour Revision Order 2011 (S.I. 2011/950), arts. 1, 20(1)(2)

C3 Reg. 73 excluded (16.8.2012) by The Hinkley Point Harbour Empowerment Order 2012 (S.I. 2012/1914), arts. 1(1), 36 (with arts. 34, 35, 37, 40)

C4 Reg. 73 excluded (cond.) (3.12.2014) by The Associated British Ports (Fisher Fleet Quay) Harbour Revision Order 2014 (S.I. 2014/2933), arts. 1, 16 (with art. 14)

C5 Reg. 73 excluded (E.W.S.) (10.7.2015) by The Poole Harbour (Works) Revision Order 2015 (S.I. 2015/1390), arts. 1(1), 19(1) (with arts. 16-18, 19(2))

General development orders: opinion of appropriate nature conservation body

F3 74.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Regs. 74-76 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

General development orders: approval of local planning authority

F3 75.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Regs. 74-76 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

General development orders: supplementary

F3 76.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Regs. 74-76 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Special development orders

Special development orders

[F4 77.— (1) A special development order may not grant planning permission for development which—

(a) is likely to have a significant effect on a European site (either alone or in combination with other plans or projects); and

(b) is not directly connected with or necessary to the management of the site.

(2)  A special development order made before 1st April 2010 is not to be taken to grant planning permission for development of a kind mentioned in paragraph (1), whether or not the development authorised by the permission has been begun.

(3) Nothing in this regulation affects anything done pursuant to a special development order before 1st April 2010.

(4) A special development order may not grant planning permission for development which is likely to have a significant effect on a European offshore marine site (either alone or in combination with other plans or projects). ]

Textual Amendments

F4 Reg. 77 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Local development orders

Local development orders

[F5 78.   A local development order may not grant planning permission for development which—

(a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects); and

(b) is not directly connected with or necessary to the management of the site.]

Textual Amendments

F5 Reg. 78 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[F6 Neighbourhood development orders

Textual Amendments

F6 Reg. 78A and cross-heading inserted (6.4.2012) by The Neighbourhood Planning (General) Regulations 2012 (S.I. 2012/637), reg. 1, Sch. 2 para. 3

Neighbourhood development orders

[F7 78A.   A neighbourhood development order may not grant planning permission for development which—

(a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects); and

(b) is not directly connected with or necessary to the management of the site.]]

Textual Amendments

F7 Reg. 78A revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Simplified planning zones and enterprise zones

Simplified planning zones

[F8 79.— (1) Where a simplified planning zone scheme is adopted or approved, that scheme is not to be taken to grant planning permission for development which—

(a) is likely to have a significant effect on a European site (either alone or in combination with other plans or projects); and

(b) is not directly connected with or necessary to the management of the site.

(2) A simplified planning zone scheme in force before 1st April 2010 is not to be taken to grant planning permission for development of a kind mentioned in paragraph (1), whether or not the development authorised by the permission has been begun.

(3) Where a simplified planning zone scheme is adopted or approved, that scheme is not to be taken to grant planning permission for development which is likely to have a significant effect on a European offshore marine site (either alone or in combination with other plans or projects).

(4) A simplified planning zone scheme adopted or approved on or after 21st August 2007 and before 1st April 2010 is not to be taken to grant planning permission for development of a kind mentioned in paragraph (3).]

Textual Amendments

F8 Reg. 79 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Enterprise zones

[F9 80.— (1) Where an order designating an enterprise zone is made, or where a modified enterprise zone scheme is approved, that order or scheme is not to be taken to grant planning permission for development which—

(a) is likely to have a significant effect on a European site (either alone or in combination with other plans or projects); and

(b) is not directly connected with or necessary to the management of the site.

(2) Where such an order was made or such a scheme was approved before 1st April 2010, that order or scheme is not to be taken to grant planning permission for development of a kind mentioned in paragraph (1), whether or not the development authorised by the permission has been begun.

(3) Where an order designating an enterprise zone is made, or where a modified enterprise zone scheme is approved, that order or scheme is not to be taken to grant planning permission for development which is likely to have a significant effect on a European offshore marine site (either alone or in combination with other plans or projects).

(4) Where such an order was made or such a scheme was approved on or after 21st August 2007 and before 1st April 2010, that order or scheme is not to be taken to grant planning permission for development of a kind mentioned in paragraph (3).]

Textual Amendments

F9 Reg. 80 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Development consent under Planning Act 2008

Grant of development consent

F10 81.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Regs. 81-131 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Development consent: review

F10 82.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Regs. 81-131 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Interpretation of Chapter 2

Interpretation of Chapter 2

F10 83.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Regs. 81-131 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7