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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 82 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)
[F1Simplified planning zonesE+W
This section has no associated Explanatory Memorandum
82.—(1) Subject to paragraphs (3) and (4), the assessment provisions apply where a simplified planning zone scheme is adopted or approved.
(2) Subject to paragraph (4), where a simplified planning zone scheme is adopted or approved, that scheme is not to be taken to grant planning permission for development which (either alone or in combination with other plans or projects) is likely to have a significant effect on a European offshore marine site or (where the development is not directly connected with or necessary to the management of the site) on a European site, unless adopted or approved in accordance with the assessment provisions.
(3) Regulation 64 (Considerations of overriding public interest) does not apply to the adoption or approval of a simplified planning zone scheme.
(4) Paragraphs (1) and (2) do not apply to a simplified planning zone scheme adopted or approved before 28th December 2018.
(5) Subject to paragraph (6) the review provisions apply to a simplified planning zone scheme unless—
(a)the development permitted by that scheme was completed before 28th December 2018; or
(b)the development permitted by that scheme has been completed before the site became a European site or a European offshore marine site.
(6) The reference to regulation 64 in the review provisions does not apply to a simplified planning zone scheme.
[F2(7) See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.]]
Textual Amendments
F1Reg. 82 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(6)
F2Reg. 82(7) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 9 (with s. 247)
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