Planning and Infrastructure Act 2025
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Change 1
68 Amendment of an EDP
(1) The Secretary of State may amend an EDP— (a) on a request from Natural England, or (b) on the Secretary of State’s own initiative. (2) But an EDP may not be amended so that it no longer applies to development in respect of which a developer has already committed to pay the nature restoration levy under the EDP. (3) Where Natural England requests, or the Secretary of State is minded to make, an amendment to an EDP that— (a) increases the maximum amount of development to which the EDP may apply, as specified under section 60(5), (b) changes the development area to include a new area to which the EDP does not currently apply, or (c) adds new conservation measures that are of a kind not currently included in the EDP, the Secretary of State must direct Natural England to consult on the EDP as proposed to be amended. (4) Where— (a) Natural England requests any other type of amendment, other than an amendment only to a charging schedule, or (b) the Secretary of State is minded to make such an amendment, the Secretary of State may direct Natural England to consult on the EDP as proposed to be amended. (5) Where the Secretary of State directs Natural England to consult, Natural England must— (a) follow the consultation procedure set out in section 64, and (b) provide to the Secretary of State— (i) copies of all responses to the consultation, and (ii) Natural England’s response to the consultation and details of any further consultation. (6) The Secretary of State may make an amendment to an EDP only if the Secretary of State considers that the EDP as amended passes the overall improvement test. (7) If the Secretary of State decides not to make an amendment when requested to do so by Natural England, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision. (8) After the Secretary of State amends an EDP, the Secretary of State must— (a) publish the EDP as amended, or (b) direct Natural England to publish it. (9) The amended EDP must be published before the end of the period of 28 days beginning with the day on which the Secretary of State makes the amendment. (10) The amendment must not come into effect before the date on which the amended EDP is published. (11) Subsections (4) to (7) do not apply to an amendment that only corrects a clerical or typographical error.
68 Amendment of an EDP
(1) The Secretary of State may amend an EDP— (a) on a request from Natural England, or (b) on the Secretary of State’s own initiative. (2) But an EDP may not be amended so that it no longer applies to development in respect of which a developer has already committed to pay the nature restoration levy under the EDP. (3) Where Natural England requests, or the Secretary of State is minded to make, an amendment to an EDP that— (a) increases the maximum amount of development to which the EDP may apply, as specified under section 60(5), (b) changes the development area to include a new area to which the EDP does not currently apply, or (c) adds new conservation measures that are of a kind not currently included in the EDP, the Secretary of State must direct Natural England to consult on the EDP as proposed to be amended. (4) Where— (a) Natural England requests any other type of amendment, other than an amendment only to a charging schedule, or (b) the Secretary of State is minded to make such an amendment, the Secretary of State may direct Natural England to consult on the EDP as proposed to be amended. (5) Where the Secretary of State directs Natural England to consult, Natural England must— (a) follow the consultation procedure set out in section 64, and (b) provide to the Secretary of State— (i) copies of all responses to the consultation, and (ii) Natural England’s response to the consultation and details of any further consultation. (6) The Secretary of State may make an amendment to an EDP only if the Secretary of State considers that the EDP as amended passes the overall improvement test. (7) If the Secretary of State decides not to make an amendment when requested to do so by Natural England, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision. (8) After the Secretary of State amends an EDP, the Secretary of State must— (a) publish the EDP as amended, or (b) direct Natural England to publish it. (9) The amended EDP must be published before the end of the period of 28 days beginning with the day on which the Secretary of State makes the amendment. (10) The amendment must not come into effect before the date on which the amended EDP is published. (11) Subsections (4) to (7) do not apply to an amendment that only corrects a clerical or typographical error.
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