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 85B Assumptions to be made about nutrient pollution standards: general development orders
Paragraph (1) sets out the circumstances in which the assumptions in paragraph (2) apply, with reference to the regulations relevant to the applicable decisions. The circumstances include where the local planning authority is required to make an appropriate assessment under regulation 77(6) before a decision is made.
	Paragraph (2) requires that in making the relevant assessment, the local planning 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 it also clarifies that the assumption duty does not prevent the local planning 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).