Part 6

Deciding applications for orders granting development consent
Chapter 5

Decisions on applications

Decisions in cases where no national policy statement has effect
105
1
This section applies in relation to an application for an order granting development consent if 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 Secretary 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.
S. 105 partly in force; s. 105 in force for certain purposes at Royal Assent see s. 241
S. 105 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
Words in s. 105(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(2); S.I. 2012/628, art. 7(a)
Words in s. 105(2)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(3); S.I. 2012/628, art. 7(a)
S. 105 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(4); S.I. 2012/628, art. 7(a)