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40. If planning permission is issued under the 1990 Act for development any part of which is within the Order limits following the publication of this Order that is—
(a)not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; and
(b)required to complete or enable the construction, use or operation of the development authorised by this Order,
then the carrying out, use or operation of such development under the terms of the planning permission does not constitute a breach of the terms of this Order.
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