Section 85A(1)

Paragraph (2) applies where— a competent authority makes a relevant decision, the potential development includes development in England, the competent authority is required to make a relevant assessment before the decision is made, waste water from any potential development would be dealt with by a plant in England that, at the time of the decision, is— a nitrogen significant plant, or a phosphorus significant plant, and the decision is made— where the plant is a non-catchment permitting area plant, before the upgrade date, or where the plant is a catchment permitting area plant, before the applicable date.

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