Section 85B

This regulation applies where— a local planning authority (within the meaning given by regulation 78(1)) makes a decision on an application under regulation 77 (general development orders: approval of local planning authority) for approval as mentioned in regulation 75 relating to proposed development in England, the authority is required by regulation 77(6) to make an appropriate assessment of the implications of the proposed development, any waste water from the proposed 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. In making the relevant assessment the local planning authority must assume— in a case within paragraph (1)(c)(i) and (d)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date; in a case within paragraph (1)(c)(ii) and (d)(i), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date; in a case within paragraph (1)(c)(i) and (d)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date; in a case within paragraph (1)(c)(ii) and (d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date. Paragraph (2)— is subject to regulation 85C (direction that assumptions are not to apply), and does not prevent the local planning authority, in making a relevant assessment, from having regard to any outperformance, or expected outperformance, by a plant that is a non-catchment permitting area plant.

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