Regulation 79 Special development ordersF1
England and Wales
Subject to paragraphs (2) and (3), the assessment provisions apply to the making of a special development order.
Regulation 64 (Considerations of overriding public interest) does not apply to the making of a special development order.
Paragraph (1) does not apply to a special development order made before 28th December 2018.
Subject to paragraph (5) the review provisions apply to a special development order unless—
the development permitted by that order was completed before 28th December 2018; or
the development permitted by that order has been completed before the site became a European site F2, a Ramsar site or a European offshore marine site.
The reference to regulation 64 in the review provisions does not apply to a special development order.
See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.
Annotations
Textual amendments
- F1
Reg. 79 substituted (28.12.2018) by The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1307), regs. 1(1), 2(3)
- F2
Words in reg. 79(4)(b) inserted (21.5.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 17 (with s. 116); S.I. 2026/549, reg. 3 (with reg. 4)
- F3
Reg. 79(6) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 6 (with s. 247)
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))