- Latest available (Revised)
- Original (As enacted)
Planning and Compulsory Purchase Act 2004
You are here:
- 2004 c. 5
- Part 4
- Revision of development orders
- Section 41
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning and Compulsory Purchase Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2005/2085 art. 4(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A inserted by 2008 c. 29 s. 179(1)
- s. 33A inserted by 2011 c. 20 s. 110(1)
- s. 38A-38C inserted by 2011 c. 20 Sch. 9 para. 7
- specified provision(s) Appointed Day(s) by S.I. 2006/931 art. 2
- specified provision(s) and purposes Appointed Day(s) by S.S.I. 2006/101 art. 2
Commencement Orders yet to be applied to the Planning and Compulsory Purchase Act 2004:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1813 art. 2 commences (2004 c. 5)
- S.I. 2004/1814 art. 2 commences (2004 c. 5)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2593 art. 2 commences (2004 c. 5)
- S.I. 2005/204 art. 3 commences (2004 c. 5)
- S.I. 2005/1229 art. 2 commences (2004 c. 5)
- S.I. 2005/2081 art. 2 commences (2004 c. 5)
- S.I. 2005/2722 art. 2 commences (2004 c. 5)
- S.I. 2005/2847 art. 2 commences (2004 c. 5)
- S.I. 2006/842 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2006/1061 art. 2 3 commences (2004 c. 5)
- S.I. 2006/1281 art. 2-4 commences (2004 c. 5)
- S.I. 2006/1700 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/1369 art. 2 commences (2004 c. 5)
- S.I. 2007/2449 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2009/384 art. 2 commences (2004 c. 5)
- S.I. 2009/2645 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2010/321 art. 3 amendment to earlier commencing SI 2006/1061 art. 4
- S.I. 2010/321 art. 4 amendment to earlier commencing SI 2007/1369 art. 3
- S.I. 2010/2002 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2011/101 art. 1 amendment to earlier commencing SI 2005/2722
- S.S.I. 2006/243 art. 3 commences (2004 c. 5)
- S.S.I. 2006/268 art. 3 commences (2004 c. 5)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/1023 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2371 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2447 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2008/10 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2008/582 art. 2 commences (2007 c. 24)
- S.I. 2008/1372 art. 2 commences (2007 c. 24)
- S.I. 2008/2162 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2009/3272 art. 2-4 Sch. 1-3 commences (2009 nawm 2)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/566 art. 2 commences (2008 c. 29)
Prospective
41Effect of revision or revocation of development order on incomplete developmentE+W
This section has no associated Explanatory Notes
In the principal Act after section 61C (planning permission granted by local development orders) (inserted by section 40 of this Act) there is inserted the following section—
“61DEffect of revision or revocation of development order on incomplete development
(1)A development order or local development order may include provision permitting the completion of development if —
(a)planning permission is granted by the order in respect of the development, and
(b)the planning permission is withdrawn at a time after the development is started but before it is completed.
(2)Planning permission granted by a development order is withdrawn—
(a)if the order is revoked;
(b)if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
(c)by the issue of a direction under powers conferred by the order.
(3)Planning permission granted by a local development order is withdrawn—
(a)if the order is revoked under section 61A(6) or 61B(8);
(b)if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
(c)by the issue of a direction under powers conferred by the order.
(4)The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes.”
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act without Schedules as a PDF
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources