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The Conservation of Habitats and Species Regulations 2017
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The Conservation of Habitats and Species Regulations 2017, Section 76 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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Changes and effects yet to be applied to Regulation 76:
- reg. 76(1) words inserted by 2023 c. 55 Sch. 9 para. 4(3)(b)
- reg. 76(6) words inserted by 2023 c. 55 Sch. 9 para. 4(3)(c)
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. 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)
General development orders: opinion of appropriate nature conservation bodyE+W
This section has no associated Explanatory Memorandum
76.—(1) Where it is intended to carry out development in reliance on the permission granted by a general development order, application may be made in writing to the appropriate nature conservation body for its opinion as to whether the development is likely to have a relevant effect.
(2) The application must give details of the development which is intended to be carried out.
(3) On receiving such an application, the appropriate nature conservation body must consider whether the development is likely to have such an effect.
(4) Where it considers that it has sufficient information to conclude that the development will, or will not, have such an effect, it must notify the applicant and the local planning authority in writing of its opinion.
(5) If the appropriate nature conservation body considers that it has insufficient information to reach either of those conclusions, it must notify the applicant in writing indicating in what respects it considers the information insufficient, and the applicant may supply further information with a view to enabling it to reach a decision on the application.
(6) The opinion of the appropriate nature conservation body, notified in accordance with paragraph (4), that the development is not likely to have a relevant effect is conclusive of that question for the purpose of reliance on the planning permission granted by a general development order.
(7) In this regulation and in regulation 77, “a relevant effect” means an effect of a kind mentioned in regulation 75(a).
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