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The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
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- UK Statutory Instruments
- 2017 No. 571
- PART 9
- Regulation 53
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Modification of provisions on application to the High Court and giving of directions
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53.—(1) In the case of a ROMP application, for regulation 66 (application to the High Court) substitute—
“Application to the High Court
66. For the purposes of Part 12 of the Act (validity of certain decisions), the reference in section 288 of the Act, as applied by paragraph 9(3) of Schedule 2 to the 1991 Act, paragraph 16(4) of Schedule 13 to the 1995 Act or paragraph 9(4) of Schedule 14 to the 1995 Act, to “action of the Secretary of State which is not within the powers of the Act” is taken to extend to the determination of a ROMP application by the Secretary of State in contravention of regulation 3.”.
(2) The direction making power in article 31(2) of the Order shall apply to ROMP development as it applies to development in respect of which an application for planning permission is made.
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