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4.—(1) This regulation applies in relation to an application where the decision-maker is considering whether to include in an order granting development consent a provision deeming consent under section 34 of the Coast Protection Act 1949(1) to have been given, by virtue of section 148 of the Act.
(2) When deciding an application to which this regulation applies, the decision-maker must have regard to—
(a)whether the development (whether being carried out or subsequently) causes or is likely to result in obstruction or danger to navigation; and if so,
(b)the nature and extent of any such obstruction or danger to navigation.
1949 c.74. Section 34 was amended by the Statute Law Revisions Act 1953 (c.5) and the Merchant Shipping Act 1988 (c.12), section 36.
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