Part 6Deciding applications for orders granting development consent

Chapter 5Decisions on applications

105F1Decisions in cases where no national policy statement has effect

(1)

This section applies in relation to an application for an order granting development consent F2if section 104 does not apply in relation to the application.

(2)

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

(a)

any local impact report (within the meaning given by section 60(3)) submitted to the F3Secretary of State before the deadline specified in a notice under section 60(2),

(b)

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

(c)

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

F4(3)

Where there is 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.

(4)

Subsection (3) does not apply to the extent that the Secretary of State is satisfied that deciding the application in accordance with that subsection would have an effect referred to in section 104(4), (5), (6) or (7).