Section 28(9)

For the purposes of paragraph (8) it is a reasonable excuse for a person to carry out an operation if— the operation was an emergency operation particulars of which (including details of the emergency) were notified to the appropriate nature conservation body as soon as practicable after the commencement of the operation; or the operation was authorised by a planning permission granted on an application under Part 3 of the TCPA 1990 (control over development).

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