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Planning Act 2008

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Section 119

SCHEDULE 4E+W+SCorrection of errors in development consent decisions

This schedulenoteType=Explanatory Notes has no associated

Correction of errorsE+W+S

1(1)This paragraph applies if—E+W+S

(a)the decision-maker makes an order granting development consent, or refuses development consent, and

(b)the decision document contains a correctable error.

(2)The decision document is—

(a)in the case of an order granting development consent, the order;

(b)in the case of a refusal of development consent, the document recording the refusal.

(3)A correctable error is an error or omission which—

(a)is in a part of the decision document which records the decision, and

(b)is not part of the statement of reasons for the decision.

(4)The appropriate authority may correct the error or omission if (but only if) the conditions in sub-paragraphs (5) and (7) are met.

This is subject to sub-paragraph (11).

(5)The condition is that, before the end of the relevant period—

(a)the appropriate authority receives a written request to correct the error or omission from any person, or

(b)the appropriate authority sends a statement in writing to the applicant which explains the error or omission and states that the appropriate authority is considering making the correction.

(6)The relevant period is—

(a)if the decision document is an order granting development consent, the period specified in section 118(1)(b);

(b)if the decision document is the document recording a refusal of development consent, the period specified in section 118(2)(b).

(7)The condition is that the appropriate authority informs each relevant local planning authority that the request mentioned in sub-paragraph (5)(a) has been received or the statement mentioned in sub-paragraph (5)(b) has been sent (as the case may be).

(8)If—

(a)the decision document is an order granting development consent, and

(b)the order was required to be contained in a statutory instrument,

the power conferred by sub-paragraph (4) may be exercised only by order contained in a statutory instrument.

(9)If the instrument containing the order is made by the Commission, the Statutory Instruments Act 1946 (c. 36) applies in relation to the instrument as if it had been made by a Minister of the Crown.

(10)As soon as practicable after the instrument is made, the appropriate authority must deposit a copy of it in the office of the Clerk of the Parliaments.

(11)The power conferred by sub-paragraph (4) may not be exercised in relation to provision included in an order granting development consent by virtue of any of paragraphs 27 to 30 of Schedule 5 (deemed consent under Coast Protection Act 1949 (c. 74) and deemed licences under Food and Environment Protection Act 1985 (c. 48)).

Correction noticeE+W+S

2(1)If paragraph 1(5)(a) or (b) applies the appropriate authority must issue a notice in writing (a “correction notice”) which—E+W+S

(a)specifies the correction of the error or omission, or

(b)gives notice of the decision not to correct the error or omission.

(2)The appropriate authority must issue the correction notice as soon as practicable after making the correction or deciding not to make the correction.

(3)The appropriate authority must give the correction notice to—

(a)the applicant,

(b)each relevant local planning authority, and

(c)if the correction was requested by any other person, that person.

(4)The Secretary of State may by order specify any other person or description of person to whom a correction notice must be given.

Effect of a correctionE+W+S

3(1)If a correction is made in pursuance of paragraph 1—E+W+S

(a)the original decision and the decision document containing it continue in force, and

(b)the decision document is treated as corrected as specified in the correction notice issued under paragraph 2 with effect from the date the correction notice is issued, or, if the correction is required to be made by order contained in a statutory instrument, the date specified in the order.

(2)If a correction is not made—

(a)the original decision continues to have full force and effect, and

(b)nothing in this Schedule affects anything done in pursuance of or in respect of the original decision.

(3)The original decision” means the decision to—

(a)make an order granting development consent, or

(b)refuse development consent.

InterpretationE+W+S

4In this Schedule—E+W+S

  • the applicant” means the person who made the application to which the decision relates;

  • the appropriate authority” means—

    (a)

    the Commission where the decision-maker is a Panel or the Council;

    (b)

    the Secretary of State where the decision-maker is the Secretary of State;

  • a relevant local planning authority” means a local planning authority for all or any part of the area in which the land to which the decision relates is situated.

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