OpenLegislation

Section 105 Decisions in cases where no national policy statement has effectF4I1I2

England, Wales and Scotland

(1)

This section applies in relation to an application for an order granting development consent F1if section 104 does not apply in relation to the application.

(2)

In deciding the application the Secretary of State must have regard to—

(a)

any local impact report (within the meaning given by section 60(3)) submitted to the F2Secretary of State before the deadline specified in a notice under section 60(2),

(b)

any matters prescribed in relation to development of the description to which the application relates, and

(c)

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

F3(3)

Where there is a biodiversity gain statement under Schedule 2A in relation to development of the description to which the application relates, the Secretary of State may not grant the application unless satisfied that the biodiversity gain objective contained in the statement is met in relation to the development to which the application relates.

(4)

Subsection (3) does not apply to the extent that the Secretary of State is satisfied that deciding the application in accordance with that subsection would have an effect referred to in section 104(4), (5), (6) or (7).

Annotations

Textual amendments

F1

Words in s. 105(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(2); S.I. 2012/628, art. 7(a)

F2

Words in s. 105(2)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(3); S.I. 2012/628, art. 7(a)

F3

S. 105(3)(4) inserted (7.5.2026) by Environment Act 2021 (c. 30), s. 147(3), Sch. 15 para. 4(1) (with s. 144); S.I. 2026/492, reg. 2(b)

F4

S. 105 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(4); S.I. 2012/628, art. 7(a)

Commencement

I1

S. 105 partly in force; s. 105 in force for certain purposes at Royal Assent see s. 241

I2

S. 105 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)