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Change 1
As published
35C Directions under section 35B: supplementary
(1) In this section “direction” means a direction under section 35B(1).
(2) Subsection (3) applies if—
(a) the Secretary of State decides to give a direction that has been requested as described in section 35B(5), and
(b) a person proposed (before or after that section came into force) to make an application for an order granting development consent for the development to which the request relates.
(3) The direction may include provision—
(a) for the proposed application to be treated as a proposed application to a specified alternative consenting authority;
(b) for specified provisions of legislation governing an alternative consenting regime—
(i) to have effect in relation to the proposed application with any specified modifications;
(ii) to be treated as having been complied with in relation to the proposed application.
(4) In the application of subsection (3) to a direction that is to specify development for which an application seeking development consent has been made (see section 35B(7)), references to the proposed application include references to the application.
(5) If the Secretary of State receives a request for a direction as described in section 35B(5) or (6), the Secretary of State must give reasons for the decision to give or not to give the requested direction to the person who made the request.
(6) The Secretary of State must publish a direction.
(7) In this section, the following expressions have the same meaning as in section 35B—
“alternative consenting authority”,
“alternative consenting regime”, and
“legislation”.
Your change, as a redline
35C Directions under section 35B: supplementary
(1) In this section “direction” means a direction under section 35B(1).
(2) Subsection (3) applies if—
(a) the Secretary of State decides to give a direction that has been requested as described in section 35B(5), and
(b) a person proposed (before or after that section came into force) to make an application for an order granting development consent for the development to which the request relates.
(3) The direction may include provision—
(a) for the proposed application to be treated as a proposed application to a specified alternative consenting authority;
(b) for specified provisions of legislation governing an alternative consenting regime—
(i) to have effect in relation to the proposed application with any specified modifications;
(ii) to be treated as having been complied with in relation to the proposed application.
(4) In the application of subsection (3) to a direction that is to specify development for which an application seeking development consent has been made (see section 35B(7)), references to the proposed application include references to the application.
(5) If the Secretary of State receives a request for a direction as described in section 35B(5) or (6), the Secretary of State must give reasons for the decision to give or not to give the requested direction to the person who made the request.
(6) The Secretary of State must publish a direction.
(7) In this section, the following expressions have the same meaning as in section 35B—
“alternative consenting authority”,
“alternative consenting regime”, and
“legislation”.
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