The Planning and Infrastructure Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026
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Change 1
4 Transitional provisions in relation to Part 1 of Schedule 5 of the Planning and Infrastructure Act 2025
(1) The amendments made to the Conservation of Habitats and Species Regulations 2017 by Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 do not apply in relation to any project which was authorised by— (a) a planning permission granted before 17th August 2020, or (b) a general consent if the relevant date was before the day that Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 (except for paragraph 14(2)) comes into force. (2) For the purpose of paragraph (1)(a), granted means, in relation to a planning permission— (a) where the planning permission was granted under section 73 of the TCPA 1990, the date the previous permission was granted, or (b) in any other case, the date planning permission was granted under the TCPA 1990. (3) For the purpose of paragraph (1)(b), the relevant date, in relation to a general consent, is— (a) in the case of a prior approval development consent, the date on which— (i) the prior approval was given, (ii) the determination that such approval is not required was given, or (iii) where the consent was given subject to a determination as to whether prior approval is required, the period for giving such a determination expired, (b) in any other case, the date that the development to which the general consent relates was commenced.
4 Transitional provisions in relation to Part 1 of Schedule 5 of the Planning and Infrastructure Act 2025
(1) The amendments made to the Conservation of Habitats and Species Regulations 2017 by Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 do not apply in relation to any project which was authorised by— (a) a planning permission granted before 17th August 2020, or (b) a general consent if the relevant date was before the day that Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 (except for paragraph 14(2)) comes into force. (2) For the purpose of paragraph (1)(a), granted means, in relation to a planning permission— (a) where the planning permission was granted under section 73 of the TCPA 1990, the date the previous permission was granted, or (b) in any other case, the date planning permission was granted under the TCPA 1990. (3) For the purpose of paragraph (1)(b), the relevant date, in relation to a general consent, is— (a) in the case of a prior approval development consent, the date on which— (i) the prior approval was given, (ii) the determination that such approval is not required was given, or (iii) where the consent was given subject to a determination as to whether prior approval is required, the period for giving such a determination expired, (b) in any other case, the date that the development to which the general consent relates was commenced.
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