# The Environmental Permitting (England and Wales) Regulations 2010, Paragraph 2: Interpretation: specified functions


(1) In this Schedule, “specified functions” means the following functions—
(a) in the case of an appropriate authority, its functions under Part 2 of the Food and Environment Protection Act 1985;
(b) in the case of a planning authority—
(i) determining an application for planning permission under section 70 of the Town and Country Planning Act 1990,
(ii) determining an appeal made under section 78 of that Act in relation to a determination under sub-paragraph (i),
(iii) deciding whether to take action under section 141(2) or (3) or 177(1)(a) or (b) of the Town and Country Planning Act 1990, or under section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990,
(iv) deciding whether to direct under section 90(1), (2) or (2A) of the Town and Country Planning Act 1990 that planning permission must be deemed to be granted,
(v) deciding whether—
(aa) in making or confirming a discontinuance order, to include in the order any grant of planning permission, or
(bb) to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,
and for the purposes of this sub-paragraph, “discontinuance order” means an order under section 102 of the Town and Country Planning Act 1990 (including an order made under that section by virtue of section 104 of that Act), or under paragraph 1 of Schedule 9 to that Act (including an order made under that paragraph by virtue of paragraph 11 of that Schedule),
(vi) making a local development order under section 61A of the Town and Country Planning Act 1990,
(vii) discharging functions under Part 2 of the Town and Country Planning Act 1990, under Parts 1 and 2 of and Schedule 8 to the Planning and Compulsory Purchase Act 2004 in relation to England or under Part 6 of and Schedule 8 to the Planning and Compulsory Purchase Act 2004 in relation to Wales,
(viii) deciding whether to—
(aa) make a development consent order under section 104 or 105 of the Planning Act 2008, or
(bb) make changes to, or revoke, such an order under section 153 of that Act, other than in accordance with paragraph 2 of Schedule 6 to that Act.
(2) But a function which must be discharged by statutory instrument is not a specified function.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111491423/schedule/25/part/1/paragraph/2 (the official version)
Page: https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2010/schedule-25/part-1/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

