Section 26B Assessment of environmental effects.F1
Scotland
The Secretary of State may by regulations under this Act make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects of the proposed development.
The regulations—
may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any Community obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the M1European Communities Act 1972; and
may make different provisions for different classes of development.
Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, no statutory instrument containing such regulations shall be subject to annulment by virtue of subsection (2) of section 273 (regulations and orders) of this Act.
Annotations
Textual amendments
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S. 26B expressed to be inserted after s. 26 (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.48 (with s. 84(5)); S.I. 1991/2092, art.3
Marginal citations
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Notes on the whole Act
Textual amendments
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Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
Notes on Part III
Modifications
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Pt. III excluded by Local Government, Planning and Land Act 1980 (c. 65), s. 149(6)(9)
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Pt. III (ss. 19-51) extended (1.1.1997) by 1995 c. 25, s. 96(3) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2
Notes on Determination by. . . planning authorities of applications for planning permission
Textual amendments
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Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)