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The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009

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Amendments to Part 4A (England and Wales) of the 1994 Regulations

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7.  After regulation 85E add—

National policy statements

85F.(1)  This Part applies—

(a)in relation to a national policy statement under Part 2 (national policy statements) of the Planning Act 2008(1) as it applies in relation to a land use plan; and

(b)in relation to the Secretary of State when exercising powers under Part 2 of the Planning Act 2008 as it applies in relation to a plan-making authority,

with the modifications specified in paragraphs (2) to (4).

(2) Any reference in this Part to giving effect to a land use plan shall, in relation to a national policy statement, be taken to be a reference to the designation of a statement as a national policy statement or an amendment of a national policy statement under Part 2 of the Planning Act 2008.

(3) Regulations 85B(5), 85C(4) to (10) and 85D do not apply.

(4) Regulation 85E (compensatory measures) applies as if the words “(where the plan relates to England) and the Welsh Ministers (where the plan relates to Wales)” were omitted..

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