Part 10A, Section 204V: Appeals Schedule 15: Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards Part 2: Planning 85A Assumptions to be made about nutrient pollution standards: general
Paragraph (1) sets out the circumstances under which the assumptions in paragraph (2) apply, which includes where the competent authority is required to make a relevant assessment before a decision is made.
	Paragraph (2) requires that in making that relevant assessment, defined in regulation 85A(6), the competent authority must assume that a nitrogen significant plant will meet the nitrogen nutrient pollution standard on and after the upgrade date (or applicable date for a catchment permitting area plant) and that a phosphorus significant plant will meet the phosphorus nutrient pollution standard on and after the upgrade date (or applicable date for a catchment permitting area plant).
	Paragraph (3) makes paragraph (2) subject to regulation 85C, which provides the Secretary of State with a power to disapply the assumption, and clarifies that the assumption duty does not prevent the competent authority from having regard to outperformance, or expected outperformance, by a plant that is a non-catchment permitting area plant. "Outperformance" is defined in regulation 85D(3) and occurs where the plant meets the relevant nutrient pollution standard before the upgrade date or where there is a lower nitrogen or phosphorus concentration in treated effluent than the specified standard.
	Paragraph (4) defines the term "relevant decision" in relation to the assessment and review provisions in the 2017 regulations.
	Paragraphs (5) and (6) define the terms "potential development" and "relevant assessment" respectively.