50Effect, on permitted development applications, of declarations

50 Effect, on permitted development applications, of declarations

(1)  If an application is made under the Land Use Planning and Approvals Act 1993 for a permit for a permitted development that is wholly or partly within a gas infrastructure planning corridor –

(a) a planning authority, in whose council area is situated in whole or in part the gas infrastructure planning corridor, must give to the gas infrastructure licensee –

(i) notice of the application; and

(ii) at least 14 days (which are to be within the period, in relation to the application, specified in section 58(2) of the Land Use Planning and Approvals Act 1993 ) in which to advise the authority on the proposed development; and

(b) the gas infrastructure licensee may, within that 14-day period –

(i) give the planning authority the advice, in relation to the application, that the gas infrastructure licensee thinks fit; and

(ii) recommend in that advice that the permit be granted subject to safety conditions specified in the advice.

(2)  If a gas infrastructure licensee gives advice under subsection (1) in relation to an application, the planning authority –

(a) may have regard to the advice in determining the application; and

(b) may, without limiting its discretion but subject to paragraph (c) , grant the permit under the Land Use Planning and Approvals Act 1993 subject to any safety condition recommended by the gas infrastructure licensee (with or without modification); and

(c) must not grant the permit under the Land Use Planning and Approvals Act 1993 subject to a condition that conflicts with any condition contained in the safety case accepted under the Gas Safety Act 2019 for the affected gas infrastructure.