Part 6Deciding applications for orders granting development consent

Chapter 5Decisions on applications

104F1Decisions in cases where national policy statement has effect

(1)

This section applies in relation to an application for an order granting development consent if F2a national policy statement has effect in relation to development of the description to which the application relates.

(2)

In deciding the application the F3Secretary of State must have regard to—

(a)

any national policy statement which has effect in relation to development of the description to which the application relates (a “relevant national policy statement”),

F4(aa)

the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;

(b)

any local impact report (within the meaning given by section 60(3)) submitted to the F5Secretary of State before the deadline specified in a notice under section 60(2),

(c)

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

(d)

any other matters which the F3Secretary of State thinks are both important and relevant to F6the Secretary of State's decision.

F7(3)

The Secretary of State must decide the application in accordance with any relevant national policy statement.

(3A)

In particular, if a relevant national policy statement contains 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.

(3B)

Subsections (3) and (3A) do not apply to the extent that one or more of subsections (4) to (8) applies.

(4)

This subsection applies if the F8Secretary of State is satisfied that deciding the application in accordance with F9subsection (3) or (3A) would lead to the United Kingdom being in breach of any of its international obligations.

(5)

This subsection applies if the F10Secretary of State is satisfied that deciding the application in accordance with F11subsection (3) or (3A) would lead to the F12Secretary of State being in breach of any duty imposed on the Secretary of State by or under any enactment.

(6)

This subsection applies if the F13Secretary of State is satisfied that deciding the application in accordance with F14subsection (3) or (3A) would be unlawful by virtue of any enactment.

(7)

This subsection applies if the F15Secretary of State is satisfied that the adverse impact of the proposed development would outweigh its benefits.

(8)

This subsection applies if the F16Secretary of State is satisfied that any condition prescribed for deciding an application otherwise than in accordance with F17subsection (3) or (3A) is met.

(9)

For the avoidance of doubt, the fact that any relevant national policy statement identifies a location as suitable (or potentially suitable) for a particular description of development does not prevent one or more of subsections (4) to (8) from applying.