# The Conservation (Natural Habitats, &c.) Regulations 1994, Regulation 56: Planning permission: consideration on review

Extent: E+W+S

(1) In reviewing any planning permission or deemed planning permission in pursuance of regulations 50 and 51, the competent authority shall, in England and Wales–
(a) consider whether any adverse effects could be overcome by planning obligations under section 106 of the Town and Country Planning Act 1990 being entered into, and
(b) if they consider that those effects could be so overcome, invite those concerned to enter into such obligations;
and so far as the adverse effects are not thus overcome the authority shall make such order under section 97 of that Act (power to revoke or modify planning permission), or under section 102 of or paragraph 1 of Schedule 9 to that Act (order requiring discontinuance of use, &c.), as may be required.
(2) In reviewing any planning permission or deemed planning permission in pursuance of regulations 50 and 51, the competent authority shall, in Scotland–
(a) consider whether any adverse effects could be overcome by an agreement under section 50 (agreements regulating development or use of land) of the Town and Country Planning (Scotland) Act 1972 being entered into, and
(b) if they consider that those effects could be so overcome, invite those concerned to enter into such an agreement;
and so far as the adverse effects are not thus overcome, the authority shall make such order under section 42 of that Act (power to revoke or modify planning permission), or under section 49 of that Act (orders requiring discontinuance of use, &c.) as may be required.
(3) Where the authority ascertain that the carrying out or, as the case may be, the continuation of the development would adversely affect the integrity of a European site or European offshore marine site, they nevertheless need not proceed under regulations 50 and 51 if and so long as they consider that there is no likelihood of the development being carried out or continued.

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Source: https://www.legislation.gov.uk/uksi/1994/2716/regulation/56 (the official version)
Page: https://openlegislation.uk/conservation-natural-habitats-c-regulations-1994/regulation-56
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.