Section 110

This Chapter applies— with the modifications specified in paragraphs (2) and (3). in relation to a national policy statement under Part 2 of the Planning Act 2008 (national policy statements) as it applies in relation to a land use plan, and in relation to the Secretary of State when exercising powers under Part 2 of that Act as it applies in relation to a plan-making authority, Any reference in this Chapter to giving effect to a land use plan, in relation to a national policy statement, is to be taken to be a reference to the designation of a statement as a national policy statement or an amendment of a national policy statement under Part 2 of the Planning Act 2008. Where this Chapter applies by virtue of paragraph (1)— regulations 105(5), 107(3) to (6) , 108 and 110A do not apply; ... in regulation 109, the reference to the appropriate authority is taken to be a reference to the Secretary of State ; and where by virtue of paragraph (1) regulation 109 applies in relation to a national policy statement which consists of or includes a relevant offshore wind plan or project— regulation 109 does not apply in relation to the national policy statement to the extent that the negative assessment of the implications for a European site, European offshore marine site or Ramsar site results from the relevant offshore wind plan or project which forms part of the national policy statement, the Secretary of State must secure that appropriate compensatory measures are taken in respect of the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site, and compensatory measures are appropriate for the purposes of paragraph (ii) if they would be appropriate compensatory measures for the purposes of regulation 68ZA (compensatory measures: relevant offshore wind plans or projects).

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Source: legislation.gov.uk · retrieved 2026-07-30