206.The purpose of this section is to provide a mechanism for the provision of mitigation measures to be regulated. Subsections (1) and (2) provide for the requirements imposed by sections 43 and 45 and schedule 9 of the Act to be enforced by the local planning authority as though they were planning conditions imposed on a normal grant of planning permission. They also apply the normal provisions for appeal against the refusal of a local planning authority to grant an approval which is required under a planning condition. By subsection (3) each of the local planning authorities is obliged to appoint an Environmental Clerk of Works to monitor the authorised undertaker’s compliance with the mitigation measures.
Commentary on Sections Part 3 – Miscellaneous and general Section 46 – Regulation of mitigation measures