Change 1 Article Choose an article Title and introductory text 4 Fees 5 National policy statements 6 Review 6ZA Review: supplementary 6A Interpretation of sections 5(4) and 6(7) 6B Extension of consideration period under section 5(4A) or 6(7A) 7 Consultation and publicity 8 Consultation on publicity requirements 9 Parliamentary requirements 10 Sustainable development 11 Suspension pending review 12 Pre-commencement statements of policy, consultation etc. 13 Legal challenges relating to national policy statements 14 Nationally significant infrastructure projects: general 15 Generating stations 16 Electric lines 17 Underground gas storage facilities 18 LNG facilities 19 Gas reception facilities 20 Gas transporter pipe-lines 21 Other pipe-lines 22 Highways 23 Airports 24 Harbour facilities 25 Railways 26 Rail freight interchanges 27 Dams and reservoirs 28 Transfer of water resources 28A Desalination plants 29 Waste water treatment plants 30 Hazardous waste facilities 30A Radioactive waste geological disposal facilities 31 When development consent is required 32 Meaning of “development” 33 Effect of requirement for development consent on other consent regimes 34 Welsh offshore generating stations 35 Directions in relation to projects of national significance 35ZA Directions under sections 35: procedural matters 35A Timetable for deciding request for direction under section 35 35B Directions disapplying requirement for development consent 35C Directions under section 35B: supplementary 35D Timetable for deciding request for direction under section 35B 36 Amendments consequential on development consent regime 37 Applications for orders granting development consent 38 Model provisions 39 Register of applications 40 Applications by the Crown for orders granting development consent 41 Chapter applies before application is made 42 Duty to consult 43 Local authorities for purposes of section 42(1)(b) 44 Categories for purposes of section 42(1)(d) 45 Timetable for consultation under section 42 46 Duty to notify Secretary of State and others of proposed application 47 Duty to consult local community 48 Duty to publicise 49 Duty to take account of responses to consultation and publicity 50 Guidance about pre-application steps 51 Advice for potential applicants and others 52 Obtaining information about interests in land 53 Rights of entry 54 Rights of entry: Crown land 54A Power to provide for fees for certain services in relation to nationally significant infrastructure projects 55 Acceptance of applications 56 Notifying persons of accepted application 56A Local authorities for the purposes of sections 56(2)(b) and 60(2)(a) 57 Categories for purposes of section 56(2)(d) 58 Certifying compliance with section 56 59 Notice of persons interested in land to which compulsory acquisition request relates 60 Local impact reports 61 Initial choice of Panel or single appointed person 62 Switching from single appointed person to Panel 63 Delegation of functions by person appointed to chair Commission 64 Panel for each application to be handled under this Chapter 65 Appointment of members, and lead member, of Panel 66 Ceasing to be member, or lead member, of Panel 67 Panel member continuing though ceasing to be Commissioner 68 Additional appointments to Panel 69 Replacement of lead member of Panel 70 Membership of Panel where application relates to land in Wales 71 Supplementary provision where Panel replaces single appointed person 72 Panel ceasing to have any members 73 Consequences of changes in Panel 74 Panel to decide, or make recommendation in respect of, application 75 Decision-making by the Panel 76 Allocation within Panel of Panel's functions 77 Exercise of Panel's powers for examining application 78 Single appointed person to handle application 79 Appointment of single appointed person 80 Ceasing to be the single appointed person 81 Single Commissioner continuing though ceasing to be Commissioner 82 Appointment of replacement single appointed person 83 Single appointed person to examine and report on application 84 Report from single Commissioner to be referred to Council 85 Decisions made by the Council on the application 86 Chapter applies to examination by Panel or single appointed person 87 Examining authority to control examination of application 88 Initial assessment of issues, and preliminary meeting 88A Local authorities for the purposes of section 88(3)(d) 89 Examining authority's decisions about how application is to be examined 90 Written representations 91 Hearings about specific issues 92 Compulsory acquisition hearings 93 Open-floor hearings 94 Hearings: general provisions 95 Hearings: disruption ... 95A Hearings: defence and national security 96 Representations not made orally may be made in writing 96A Representations from public authorities 96B Costs 97 Procedure rules 98 Timetable for examining, and reporting on, application 99 Completion of Examining authority's examination of application 100 Assessors 101 Legal advice and assistance 102 Interpretation of Chapter 4: “interested party” and other expressions 102A Persons in certain categories may ask to become interested parties etc 102B Categories for the purposes of section 102A 103 Secretary of State is to decide applications 104 Decisions in cases where national policy statement has effect 105 Decisions in cases where no national policy statement has effect 106 Matters that may be disregarded when deciding application 107 Timetable for decisions 108 Suspension during review of national policy statement 114 Grant or refusal of development consent 115 Development for which development consent may be granted 116 Reasons for decision to grant or refuse development consent 117 Orders granting development consent: formalities 118 Legal challenges relating to applications for orders granting development consent 119 Correction of errors in development consent decisions 120 What may be included in order granting development consent 121 Proposed exercise of powers in relation to legislation 122 Purpose for which compulsory acquisition may be authorised 123 Land to which authorisation of compulsory acquisition can relate 124 Guidance about authorisation of compulsory acquisition 125 Application of compulsory acquisition provisions 126 Compensation for compulsory acquisition 127 Statutory undertakers' land 128 Local authority and statutory undertakers' land: general 129 Local authority and statutory undertakers' land: acquisition by public body 130 National Trust land 131 Commons, open spaces etc: compulsory acquisition of land 132 Commons, open spaces etc: compulsory acquisition of rights over land 133 Rights in connection with underground gas storage facilities 134 Notice of authorisation of compulsory acquisition 135 Orders: Crown land 136 Public rights of way 137 Public rights of way: statutory undertakers' apparatus etc. 138 Extinguishment of rights, and removal of apparatus, of statutory undertakers etc. 139 Common land and rights of common 140 Operation of generating stations 141 Keeping electric lines installed above ground 142 Use of underground gas storage facilities 143 Diversion of watercourses 144 Highways 145 Harbours 146 Discharge of water 147 Development of Green Belt land 148 Deemed consent under section 34 of the Coast Protection Act 1949 149 Deemed licences under Part 2 of the Food and Environment Protection Act 1985 149A Deemed consent under a marine licence 150 Removal of consent requirements 151 Liability under existing regimes 152 Compensation in case where no right to claim in nuisance 153 Changes to, and revocation of, orders granting development consent 154 Duration of order granting development consent 155 When development begins 156 Benefit of order granting development consent 157 Use of buildings in respect of which development consent granted 158 Nuisance: statutory authority 159 Interpretation: land and rights over land 160 Development without development consent 161 Breach of terms of order granting development consent 162 Time limits 163 Right to enter without warrant 164 Right to enter under warrant 165 Rights of entry: supplementary provisions 166 Rights of entry: Crown land 167 Power to require information 168 Offences relating to information notices 169 Notice of unauthorised development 170 Execution of works required by notice of unauthorised development 171 Injunctions 172 Isles of Scilly 173 The relevant local planning authority 174 Planning obligations 175 Blighted land: England and Wales 176 Blighted land: Scotland 177 Grants for advice and assistance: England and Wales 178 Grants for advice and assistance: Scotland 179 Delegation of functions of regional planning bodies 180 Local development documents 181 Regional spatial strategies: climate change policies 182 Development plan documents: climate change policies 183 Good design 184 Correction of errors in decisions 185 Power of High Court to remit strategies, plans and documents 187 Power to decline to determine applications: amendments 188 Local development orders: removal of requirement to implement policies 189 Compensation where development order or local development order withdrawn 190 Power to make non-material changes to planning permission 191 Validity of orders, decisions and directions 192 Tree preservation orders 193 Existing tree preservation orders: transitional provision 194 Use of land: power to override easements and other rights 195 Applications and appeals by statutory undertakers 196 Determination of procedure for certain proceedings 197 Appeals: miscellaneous amendments 198 Appeals relating to old mining permissions 199 Fees for planning applications 200 Fees for appeals 201 Meaning of “local authority” in planning Acts 202 Powers of National Assembly for Wales 203 Power to make provision in relation to Wales 204 Wales: transitional provision in relation to blighted land 205 The levy 206 The charge 207 Joint committees 208 Liability 209 Liability: interpretation of key terms 210 Charities 211 Amount 212 Charging schedule: examination 212A Charging schedule: examiner's recommendations 213 Charging schedule: approval 214 Charging schedule: effect 214A Secretary of State: power to require review of certain charging schedules 215 Appeals 216 Application 216A Duty to pass receipts to other persons 216B Use of CIL in an area to which section 216A(1) duty does not relate 217 Collection 218 Enforcement 219 Compensation 220 Community Infrastructure Levy: procedure 221 Secretary of State 222 Regulations and orders: general 223 Relationship with other powers 224 Community Infrastructure Levy: amendments 225 Community Infrastructure Levy: repeals 226 The Crown 227 “Crown land” and “the appropriate Crown authority” 228 Enforcement in relation to the Crown and Parliament 229 Service of notices: general 230 Service of documents to persons interested in or occupying premises 231 Service of notices on the Crown and Parliament 232 Orders and regulations 233 Directions 234 Abbreviated references to Acts 235 Interpretation 236 Application of Act to Scotland: modifications 237 Supplementary and consequential provision 237A Variation and replacement of section 33 consents: transitional provision 238 Repeals 239 Financial provisions 240 Extent 241 Commencement 242 Short title SCHEDULE 2 Amendments consequential on development consent regime SCHEDULE 2A Biodiversity gain SCHEDULE 4 Correction of errors in development consent decisions SCHEDULE 5 Provision relating to, or to matters ancillary to, development SCHEDULE 6 Changes to, and revocation of, orders granting development consent SCHEDULE 7 Power to decline to determine applications: amendments SCHEDULE 8 Tree preservation orders: further amendments SCHEDULE 10 Further provisions as to the procedure for certain proceedings SCHEDULE 11 Appeals: miscellaneous amendments SCHEDULE 12 Application of Act to Scotland: modifications SCHEDULE 13 Repeals
What to do with it
As published
105 Decisions in cases where no national policy statement has effect
(1) This section applies in relation to an application for an order granting development consent if section 104 does not apply in relation to the application.
(2) In deciding the application the Secretary of State must have regard to—
(a) any local impact report (within the meaning given by section 60(3)) submitted to the Secretary of State before the deadline specified in a notice under section 60(2),
(b) any matters prescribed in relation to development of the description to which the application relates, and
(c) any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State's decision.
(3) Where there is a biodiversity gain statement under Schedule 2A in relation to development of the description to which the application relates, the Secretary of State may not grant the application unless satisfied that the biodiversity gain objective contained in the statement is met in relation to the development to which the application relates.
(4) Subsection (3) does not apply to the extent that the Secretary of State is satisfied that deciding the application in accordance with that subsection would have an effect referred to in section 104(4), (5), (6) or (7).
Your wording
Your change, as a redline
105 Decisions in cases where no national policy statement has effect
(1) This section applies in relation to an application for an order granting development consent if section 104 does not apply in relation to the application.
(2) In deciding the application the Secretary of State must have regard to—
(a) any local impact report (within the meaning given by section 60(3)) submitted to the Secretary of State before the deadline specified in a notice under section 60(2),
(b) any matters prescribed in relation to development of the description to which the application relates, and
(c) any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State's decision.
(3) Where there is a biodiversity gain statement under Schedule 2A in relation to development of the description to which the application relates, the Secretary of State may not grant the application unless satisfied that the biodiversity gain objective contained in the statement is met in relation to the development to which the application relates.
(4) Subsection (3) does not apply to the extent that the Secretary of State is satisfied that deciding the application in accordance with that subsection would have an effect referred to in section 104(4), (5), (6) or (7).
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.