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Regulation 24 Applicable planning consents

Original text. Later amendments are not shown.

(1)

“Applicable planning consents” are—

(a)

a development order or, in respect of relevant works in waters in or adjacent to Wales up to the seaward limits of the territorial sea, a TWA order;

(b)

a planning permission;

(c)

a section 36 consent;

(d)

where any relevant works involve a licensable marine activity, a marine licence.

(2)

In this regulation—

  • “development order” means a development consent order under section 114 of the Planning Act 2008f1;

  • “licensable marine activity” has the meaning given—

    1. (a)

      except where paragraph (b) applies, in section 66 of the Marine and Coastal Access Act 2009f2; or

    2. (b)

      in respect of relevant works in the Scottish marine area, in section 21 of the Marine (Scotland) Act 2010f3;

  • “marine licence” has the meaning given—

    1. (a)

      except where paragraph (b) applies, in Part 4 of the Marine and Coastal Access Act 2009; or

    2. (b)

      in respect of relevant works in the Scottish marine area, in Part 4 of the Marine (Scotland) Act 2010;

  • “planning permission” means in respect of relevant works in—

    1. (a)

      England or Wales, planning permission under Part 3 of the Town and Country Planning Act 1990f4;

    2. (b)

      Scotland, planning permission under Part 3 of the Town and Country Planning (Scotland) Act 1997f5;

  • “Scottish marine area” has the meaning given by section 1 of the Marine (Scotland) Act 2010;

  • “section 36 consent” means a consent under section 36 of the Electricity Act 1989f6;

  • “TWA order” means an order under section 3 of the Transport and Works Act 1992f7.

Annotations

Footnotes

f1

2008 c. 29. Section 114 was amended by section 128(2) of, and paragraphs 1 and 55(1) and (2)(a) of Part 1 of Schedule 13 to, the Localism Act 2011 (c. 20).

f2

2009 c. 23.

f3

2010 asp 5.

f4

1990 c. 8.

f5

1997 c. 8.

f6

1989 c. 29. Section 36 has been amended by: section 93 of the Energy Act 2004 (c. 20), section 36 of, and Schedule 2 to, the Planning Act 2008 (c. 29), section 12 of the Marine and Coastal Access Act 2009 (c. 23) and, in relation to Scotland, by S.I. 2006/1054.

f7

1992 c. 42. Section 3 has been amended by section 36 of, and Schedule 2 to, the Planning Act 2008.