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The Conservation of Habitats and Species Regulations 2017
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- UK Statutory Instruments
- 2017 No. 1012
- PART 6
- CHAPTER 2
- Development consent under Planning...
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Changes over time for: Cross Heading: Development consent under Planning Act 2008
Version Superseded: 26/12/2023
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- 30/11/2017- Amendment
- 30/11/2017
Point in time - 26/12/2023- Amendment
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Point in time view as at 30/11/2017.
Changes to legislation:
The Conservation of Habitats and Species Regulations 2017, Cross Heading: Development consent under Planning Act 2008 is up to date with all changes known to be in force on or before 22 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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Development consent under Planning Act 2008E+W+S
Grant of development consentE+W+S
84.—(1) The assessment provisions apply in relation to the making of an order granting development consent under the Planning Act 2008 M1.
(2) Where those provisions apply, the competent authority may, if it considers that any adverse effects of the plan or project on the integrity of a European site or a European offshore marine site would be avoided if the order granting development consent included requirements under section 120 of the Planning Act 2008 (what may be included in order granting development consent) M2, make an order subject to those requirements.
Marginal Citations
M2Section 120 was amended by the Localism Act 2011 (c. 20), section 140 and Schedule 13, paragraphs 1 and 60.
Development consent: reviewE+W+S
85.—(1) The review provisions apply to any order granting development consent under the Planning Act 2008 unless—
(a)the development to which it related has been completed before the site becomes a European site or a European offshore marine site;
(b)it included a requirement as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun; or
(c)the development consent was granted for a limited period and that period has expired.
(2) In any such review of an order granting development consent, the competent authority must—
(a)consider whether any adverse effects could be overcome by imposing requirements under paragraph 5(4)(c), (d) or (e) of Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent); and
(b)if it considers that those effects could be so overcome, impose those requirements by making such an order under paragraph 3(1) of Schedule 6 to that Act M3 as may be required.
Marginal Citations
M3Paragraph 3(1) of Schedule 6 was amended by the Localism Act 2011, Schedule 13, paragraphs 1 and 72.
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