The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025
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Change 1
7 Modification of reference documents, controlling documents and endorsement conditions
(1) This article applies where the site controller wishes to modify— (a) a reference document, other than the Map, (b) a controlling document, or (c) an endorsement condition. (2) No document that modifies or purports to modify a reference document, a controlling document or an endorsement condition has effect for the purposes of this Order unless— (a) the site controller gives a notice to the Secretary of State setting out the proposed modification, and (b) the Secretary of State endorses the modification, in accordance with the provisions of this article. (3) No modification or purported modification of the Map has effect in any circumstances. (4) A notice given under paragraph (2)(a)— (a) must have attached to it a copy of— (i) a document setting out the modification; (ii) in the case of a proposed modification of a reference document or controlling document, a copy of the reference document or controlling document that it would modify, as it has effect on the date when the notice is given; (iii) in the case of a proposed modification of an endorsement condition— (aa) a copy of the notice under article 6(4) (endorsement of submission documents) or paragraph (8) in which the condition was specified, and of any subsequent such notice endorsing a modification to the condition that has effect on the date when the notice under paragraph (2)(a) is given; (bb) the reference document or controlling document to which it relates; (b) may comply with both paragraphs (i) and (ii) of sub-paragraph (a) by having attached to it a single document which— (i) where it is proposed to amend or vary a reference document or controlling document, is a copy of the document proposed to be amended or varied showing the amendments or variations; (ii) where it is proposed to replace a reference document or controlling document, is the replacement document. (5) The Secretary of State must not endorse a modification unless— (a) the site controller has provided to the Secretary of State such information or documents as the Secretary of State has requested, by notice to the site controller, to enable the Secretary of State to decide whether or not to endorse the modification, and (b) the Secretary of State is satisfied that endorsing the modification will not result in any authorised work or authorised development failing to comply with article 5 (conditions and limitations). (6) The Secretary of State must not decide to endorse a modification of a reference document unless the Secretary of State is satisfied that that decision meets the condition specified in paragraph (7). (7) The condition is that the decision will not result in— (a) a change in respect of any authorised work or authorised development, or its effects, that is material in the context of authorised works and authorised development as a whole, or (b) the carrying out of development that will— (i) adversely affect the integrity of any European site within the meaning of the Habitats Regulations, or (ii) have a likely significant effect on the environment, within the meaning of the EIA Regulations, that is adverse, and materially new or different from any such effect identified in the Environmental Statement. (8) Where the Secretary of State decides to endorse a modification, the Secretary of State must give the site controller a notice setting out that decision, specifying— (a) the modification to which the endorsement relates, including its effect on any previously endorsed modification of the reference document, controlling document or endorsement condition that it modifies, (b) any conditions or limitations subject to which the endorsement is given, and (c) the date from which the modification has effect. (9) A modification in respect of which the Secretary of State gives a notice under paragraph (8) has effect for the purposes of this Order in relation to the authorised work or authorised development to which the reference document, controlling document or endorsement condition modified by that modification relates— (a) subject to any conditions specified in the notice, and (b) at any given time, as modified by any subsequent modification of that document or endorsement condition set out in the notice, which, at that time— (i) the Secretary of State has endorsed and has taken effect, pursuant to a notice given under paragraph (8), and (ii) has not ceased to have effect as a result of the endorsement of another, subsequent such modification pursuant to such a notice.
7 Modification of reference documents, controlling documents and endorsement conditions
(1) This article applies where the site controller wishes to modify— (a) a reference document, other than the Map, (b) a controlling document, or (c) an endorsement condition. (2) No document that modifies or purports to modify a reference document, a controlling document or an endorsement condition has effect for the purposes of this Order unless— (a) the site controller gives a notice to the Secretary of State setting out the proposed modification, and (b) the Secretary of State endorses the modification, in accordance with the provisions of this article. (3) No modification or purported modification of the Map has effect in any circumstances. (4) A notice given under paragraph (2)(a)— (a) must have attached to it a copy of— (i) a document setting out the modification; (ii) in the case of a proposed modification of a reference document or controlling document, a copy of the reference document or controlling document that it would modify, as it has effect on the date when the notice is given; (iii) in the case of a proposed modification of an endorsement condition— (aa) a copy of the notice under article 6(4) (endorsement of submission documents) or paragraph (8) in which the condition was specified, and of any subsequent such notice endorsing a modification to the condition that has effect on the date when the notice under paragraph (2)(a) is given; (bb) the reference document or controlling document to which it relates; (b) may comply with both paragraphs (i) and (ii) of sub-paragraph (a) by having attached to it a single document which— (i) where it is proposed to amend or vary a reference document or controlling document, is a copy of the document proposed to be amended or varied showing the amendments or variations; (ii) where it is proposed to replace a reference document or controlling document, is the replacement document. (5) The Secretary of State must not endorse a modification unless— (a) the site controller has provided to the Secretary of State such information or documents as the Secretary of State has requested, by notice to the site controller, to enable the Secretary of State to decide whether or not to endorse the modification, and (b) the Secretary of State is satisfied that endorsing the modification will not result in any authorised work or authorised development failing to comply with article 5 (conditions and limitations). (6) The Secretary of State must not decide to endorse a modification of a reference document unless the Secretary of State is satisfied that that decision meets the condition specified in paragraph (7). (7) The condition is that the decision will not result in— (a) a change in respect of any authorised work or authorised development, or its effects, that is material in the context of authorised works and authorised development as a whole, or (b) the carrying out of development that will— (i) adversely affect the integrity of any European site within the meaning of the Habitats Regulations, or (ii) have a likely significant effect on the environment, within the meaning of the EIA Regulations, that is adverse, and materially new or different from any such effect identified in the Environmental Statement. (8) Where the Secretary of State decides to endorse a modification, the Secretary of State must give the site controller a notice setting out that decision, specifying— (a) the modification to which the endorsement relates, including its effect on any previously endorsed modification of the reference document, controlling document or endorsement condition that it modifies, (b) any conditions or limitations subject to which the endorsement is given, and (c) the date from which the modification has effect. (9) A modification in respect of which the Secretary of State gives a notice under paragraph (8) has effect for the purposes of this Order in relation to the authorised work or authorised development to which the reference document, controlling document or endorsement condition modified by that modification relates— (a) subject to any conditions specified in the notice, and (b) at any given time, as modified by any subsequent modification of that document or endorsement condition set out in the notice, which, at that time— (i) the Secretary of State has endorsed and has taken effect, pursuant to a notice given under paragraph (8), and (ii) has not ceased to have effect as a result of the endorsement of another, subsequent such modification pursuant to such a notice.
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