Regulation 110 National policy statements

(1)

This Chapter applies—

(a)

in relation to a national policy statement under Part 2 of the Planning Act 2008 (national policy statements) M1 as it applies in relation to a land use plan, and

(b)

in relation to the Secretary of State when exercising powers under Part 2 of that Act as it applies in relation to a plan-making authority,

with the modifications specified in paragraphs (2) and (3).

(2)

Any reference in this Chapter to giving effect to a land use plan, in relation to a national policy statement, is to be taken to be a reference to the designation of a statement as a national policy statement or an amendment of a national policy statement under Part 2 of the Planning Act 2008.

(3)

Where this Chapter applies by virtue of paragraph (1)—

(a)

regulations 105(5), 107(3) to (6) F1, 108 and 110A do not apply; F2...

(b)

in regulation 109, the reference to the appropriate authority is taken to be a reference to the Secretary of State F3; and

(c)

where by virtue of paragraph (1) regulation 109 applies in relation to a national policy statement which consists of or includes a relevant offshore wind plan or project—

(i)

regulation 109 does not apply in relation to the national policy statement to the extent that the negative assessment of the implications for a European site, European offshore marine site or Ramsar site results from the relevant offshore wind plan or project which forms part of the national policy statement,

(ii)

the Secretary of State must secure that appropriate compensatory measures are taken in respect of the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site, and

(iii)

compensatory measures are appropriate for the purposes of paragraph (ii) if they would be appropriate compensatory measures for the purposes of regulation 68ZA (compensatory measures: relevant offshore wind plans or projects).

Annotations

Textual amendments

F1: Words in reg. 110(3)(a) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 15 (with s. 247)
F2: Word in reg. 110(3) omitted (21.5.2026) by virtue of The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026 (S.I. 2026/508), regs. 1(1), 8(2)
F3: Reg. 110(3)(c) and word inserted (21.5.2026) by The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026 (S.I. 2026/508), regs. 1(1), 8(3)

Marginal citations

M1: 2008 c. 29.

Notes on Part 6

Modifications

C1: Pt. 6: power to amend conferred (24.1.2022) by Environment Act 2021 (c. 30), ss. 113, 147(3) (with s. 144); S.I. 2022/48, reg. 2(p)
C2: Pt. 6: power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))