The Town and Country Planning (Former RAF Scampton) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024
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Change 1
6 Authorised development: decisions of the Secretary of State
(1) When giving or declining to give subsequent approval or variation approval, the Secretary of State must give the Home Secretary a written notice of the Secretary of State’s decision on the application made under article 5(3) (subsequent approval and variation approval). (2) The Secretary of State may give subsequent approval or variation approval either unconditionally, or subject to conditions set out in a notice given under paragraph (1). (3) The Secretary of State must not give— (a) subsequent approval or variation approval; (b) any other consent or agreement provided for under this Order or an approved document in relation to the authorised development (each a “relevant approval”), unless the condition specified in paragraph (4) or the condition specified in paragraph (5) is satisfied. (4) The condition is that the Secretary of State has concluded that— (a) the giving of the relevant approval will not result in the authorised development having any impacts that are materially new, or materially different, as compared with the impacts that the Secretary of State took into account before making this Order, (b) the authorised development will not, as a result of the relevant approval, be EIA development as defined in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment Regulations 2017 (the “2017 Regulations”), and (c) development carried out as a result of the relevant approval will not otherwise give rise to any significant environmental effect. (5) The condition is that the Secretary of State has directed under regulation 63(1) of the 2017 Regulations (exemptions) that the authorised development is exempt from the requirements of those Regulations.
6 Authorised development: decisions of the Secretary of State
(1) When giving or declining to give subsequent approval or variation approval, the Secretary of State must give the Home Secretary a written notice of the Secretary of State’s decision on the application made under article 5(3) (subsequent approval and variation approval). (2) The Secretary of State may give subsequent approval or variation approval either unconditionally, or subject to conditions set out in a notice given under paragraph (1). (3) The Secretary of State must not give— (a) subsequent approval or variation approval; (b) any other consent or agreement provided for under this Order or an approved document in relation to the authorised development (each a “relevant approval”), unless the condition specified in paragraph (4) or the condition specified in paragraph (5) is satisfied. (4) The condition is that the Secretary of State has concluded that— (a) the giving of the relevant approval will not result in the authorised development having any impacts that are materially new, or materially different, as compared with the impacts that the Secretary of State took into account before making this Order, (b) the authorised development will not, as a result of the relevant approval, be EIA development as defined in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment Regulations 2017 (the “2017 Regulations”), and (c) development carried out as a result of the relevant approval will not otherwise give rise to any significant environmental effect. (5) The condition is that the Secretary of State has directed under regulation 63(1) of the 2017 Regulations (exemptions) that the authorised development is exempt from the requirements of those Regulations.
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