C61

Prospective affecting provision: s. 87B inserted by Environment (Miscellaneous Provisions) Act 2026 (5/2026), s. 14, not commenced as of date of revision.

F194[87B.— (1) Subsections (2) to (9) of section 87 shall not apply in relation to an application for a licence (within the meaning of section 87(1A)) to carry on an activity where any of the following orders is made or an exemption is granted under section 88D in relation to the activity, and the order or exemption is in force:

(a) an order under—

(i) section 181(2)(a) of the Act of 2000, in respect of the development or proposed development (within the meaning of the Act of 2000) comprising or for the purposes of the activity, or

(ii) section 155(1) of the Act of 2024, in respect of the development or proposed development (within the meaning of the Act of 2024) comprising or for the purposes of the activity;

(b) an order under section 88C in relation to the activity;

(c) an order under section 88E in relation to the activity.

(2) Section 87(9A) shall not apply to a decision in respect of a licence or revised licence for an activity in respect of which an exemption is granted and in force under section 88D.]