285. (1) Subject to subsection (2), this Chapter applies to—

(a) development situated—

(i) wholly in the outer maritime area,

(ii) partly in the outer maritime area and partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

(iii) partly in the outer maritime area, partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,and partly on land, or

(iv) partly in the outer maritime area and partly on land,

(b) development situated—

(i) wholly in the nearshore areas of more than one coastal planning authority, F1205[…]

(ii) partly on land and partly in the nearshore areas of more than one coastal planning authority,

and

(c) development of a class specified in the Eighth Schedule situated—

(i) wholly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

or

(ii) partly on land and partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority.

(2) This Chapter does not apply to development—

(a) in accordance with—

(i) a permission under Part III (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, or

(ii) an approval under section 226 (whether or not granted before the repeal of Part XV),

or

(b) consisting of—

(i) the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(ii) the deposit of any material in accordance with a consent referred to in section 13 of the Act of F1206[1933, or]]

F1207[(c) subject to subsection (3), on the commencement of section 251 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023—

(i) that was the subject of either—

(I) a lease made, on or after 1 October 2017, under section 2 of the Act of 1933 authorising the lessee to do, for the purposes of the development, one or more than one of the acts referred to in that section, or

(II) a license granted, on or after 1 October 2017, under section 3 of the Act of 1933 authorising the licensee to do, for the purposes of the development, one or more than one of the acts referred to in that section,

(ii) for which permission under Part III was not required, and

(iii) that—

(I) has been completed,

(II) has commenced but has not been completed, or

(III) has not commenced.]

F1207[(3) Subsection (2) shall cease to apply to any development referred to in paragraph (c) of that subsection which has not been completed on or before the 5th anniversary of the date of commencement of section 251 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.

(4) (a) Where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a lease referred to in subparagraph (i)(I) of that paragraph, the provisions of section 2 of the Act of 1933 relevant to the lease shall be deemed to apply to the carrying out of the development.

(b) Where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a licence referred to in subparagraph (i)(II) of that paragraph, the provisions of section 3 of the Act of 1933 relevant to the licence shall be deemed to apply to the carrying out of the development.

(c) Where development referred to in paragraph (c) of subsection (2) required, as appropriate—

(i) an environmental impact assessment,

(ii) an appropriate assessment,

(iii) both an environmental impact assessment and an appropriate assessment,

to be carried out, subsection (2) shall not apply to the development unless the assessment was, or those assessments were, as the case may be, carried out before, as appropriate, the making of the lease or the granting of the licence concerned.]