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Statutory Instruments
Infrastructure Planning
Made
19th September 2023
Coming into force
11th October 2023
An application has been made to the Secretary of State under section 37 of the Planning Act 2008(1) (the “2008 Act”) for an Order granting development consent.
The application was examined by a panel of 5 members (appointed by the Secretary of State) in accordance with Part 6 of the 2008 Act and carried out in accordance with the Infrastructure Planning (Examination Procedure) Rules 2010(2).
The panel, having considered the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to the Secretary of State.
The Secretary of State has considered the report and recommendation of the panel, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(3), and, as a national policy statement has effect in relation to the proposed development, has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.
The Secretary of State is satisfied that the open space forming special category land specified in the land plans and special category land plan (as defined in article 2 of this Order), when burdened with any new rights authorised to be compulsorily acquired under this Order, will be no less advantageous than it was before to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public, and that, accordingly, section 132(3) of the 2008 Act applies.
The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 140, and Schedule 5 to the 2008 Act, makes the following Order—
2008 c. 29. Section 37 was amended by sections 128(2) and 137(5) and Schedule 13, Part 1, paragraphs 1 to 5 of the Localism Act 2011 (c. 20).
S.I. 2010/103. This instrument was amended by S.I. 2012/635.
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