Regulation 47 Making the decision

England, Wales and Scotland

(1)

In deciding an application the F1Secretary of State must have regard to--

(a)

any national policy statement which has effect in relation to development of the description authorised by the development consent order the subject of the application, (a “relevant national policy statement”);

(b)

the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;

(c)

any matters prescribed in relation to development of the description authorised by the development consent order the subject of the application; and

(d)

any other matters which the Secretary of State thinks are both important and relevant to F2the Secretary of State’s decision.

(2)

The Secretary of State must decide the application in accordance with any relevant national policy statement, except to the extent that one or more of paragraphs (3) to (7) applies.

(3)

This paragraph applies if the Secretary of State is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the United Kingdom being in breach of any of its international obligations.

(4)

This paragraph applies if the Secretary of State is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the Secretary of State being in breach of any duty imposed on F3the Secretary of State by or under any enactment.

(5)

This paragraph applies if the Secretary of State is satisfied that deciding the application in accordance with any relevant national policy statement would be unlawful by virtue of any enactment.

(6)

This paragraph applies if the Secretary of State is satisfied that the adverse impact of the proposed development would outweigh its benefits.

(7)

This paragraph applies if the Secretary of State is satisfied that any condition prescribed for deciding an application otherwise than in accordance with a national policy statement is met.

(8)

The Infrastructure Planning (Decisions) Regulations 2010 M1 shall apply in relation to the decision of the Secretary of State, subject to the following modifications—

(a)

each reference to “an application” shall be deemed to be a reference to an application as defined in regulation 9(2); F4and

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

for “order granting development consent” substitute “ order ” in each place where the words occur F6.

F7(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

In deciding an application the Secretary of State may disregard representations if the Secretary of State considers that the representations—

(a)

do not relate to the application;

(b)

are vexatious or frivolous;

(c)

relate to the merits of policy set out in a national policy statement;

(d)

relate to compensation for compulsory acquisition of land or of an interest in or right over land; or

(e)

relate to the compensation payable as a consequence of an order being made.

(10)

The Secretary of State may disregard any representations which are received—

(a)

after the date specified for their receipt by the Secretary of State; or

(b)

in a manner other than that specified in a procedural decision under regulation 29, or otherwise, by the Secretary of State.

Annotations

Textual amendments

F1: Words in Regulations substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(2)
F2: Words in reg. 47(1)(d) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(15)(a)
F3: Words in reg. 47(4) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(15)(b)
F4: Words in reg. 47(8)(a) inserted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(15)(c)(i)
F5: Reg. 47(8)(b) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(15)(c)(ii)
F6: Full stop in reg. 47(8)(c) substituted for word (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(15)(c)(iii)
F7: Reg. 47(8)(d) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(15)(c)(ii)

Marginal citations

M1: S.I. 2010/305.