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The Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018

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Competent authority: Planning Act 2008

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4.—(1) Subject to paragraph (2), the relevant local planning authority is the competent authority for the purposes of Article 6(3) of the 2014 Regulation (follow up and monitoring of operating restrictions) in relation to any operating restriction imposed by, or provided for in, an order granting development consent under section 114 of the Planning Act 2008(1).

(2) Paragraph (1) does not apply where the Secretary of State has by notice directed that the Secretary of State is to be the competent authority for the purposes referred to in that paragraph.

(3) A notice under paragraph (2) must be—

(a)in writing,

(b)published in a way that the Secretary of State thinks appropriate, and

(c)served by post on the relevant local planning authority and the airport operator concerned.

(4) In this regulation, “relevant local planning authority” has the same meaning as in section 173 of the Planning Act 2008.

(1)

2008 c. 29. Section 114 was amended by section 128(2) of, and paragraph 55 of Schedule 13 to, the Localism Act 2011. Under section 120 of the Planning Act 2008, an order granting development consent may impose requirements in connection with the development for which consent is granted, including by applying a statutory provision which relates to any matter for which provision may be made in the order.

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