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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
- Special development orders
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The Conservation of Habitats and Species Regulations 2017, Cross Heading: Special development orders is up to date with all changes known to be in force on or before 01 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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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 41(2)(aa) inserted by 2023 c. 55 Sch. 8 para. 38(5)
- reg. 70(1)(h)(iii) and word inserted by S.I. 2024/924 reg. 135(b)
- reg. 108(6) inserted by 2023 c. 55 Sch. 8 para. 39(6)
- reg. 111(2)(aa)(ab) substituted for reg. 111(2)(a)(b) by 2023 c. 55 Sch. 8 para. 40(3)(a)
Special development ordersE+W
[F1Special development ordersE+W
79.—(1) Subject to paragraphs (2) and (3), the assessment provisions apply to the making of a special development order.
(2) Regulation 64 (Considerations of overriding public interest) does not apply to the making of a special development order.
(3) Paragraph (1) does not apply to a special development order made before 28th December 2018.
(4) Subject to paragraph (5) the review provisions apply to a special development order unless—
(a)the development permitted by that order was completed before 28th December 2018; or
(b)the development permitted by that order has been completed before the site became a European site or a European offshore marine site.
(5) The reference to regulation 64 in the review provisions does not apply to a special development order.
[F2(6) See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.]]
Textual Amendments
F1Reg. 79 substituted (28.12.2018) by The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1307), regs. 1(1), 2(3)
F2Reg. 79(6) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 6 (with s. 247)
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