SCHEDULES
C1SCHEDULE 6Changes to, and revocation of, orders granting development consent
Changes to, and revocation of, orders granting development consent
I13
1
The F1Secretary of State may by order make a change to, or revoke, a development consent order.
2
The power conferred by sub-paragraph (1) may be exercised only in accordance with—
a
the following provisions of this paragraph, and
b
paragraphs 4 and 5.
3
The power may be exercised without an application being made if the F1Secretary of State is satisfied that—
a
the development consent order contains a significant error, and
b
it would not be appropriate for the error to be corrected by means of the power conferred by paragraph 1 of Schedule 4 or paragraph 2 of this Schedule.
4
The power may be exercised on an application made by or on behalf of—
a
the applicant or a successor in title of the applicant,
b
a person with an interest in the land, or
c
any other person for whose benefit the development consent order has effect.
5
The power may be exercised on an application made by a local planning authority if the F1Secretary of State is satisfied that—
a
the development consent order grants development consent for development on land all or part of which is in the local planning authority's area,
b
the development has begun but has been abandoned, and
c
the amenity of other land in the local planning authority's area or an adjoining area is adversely affected by the condition of the land.
F45A
The Secretary of State may refuse to exercise the power on an application made under sub-paragraph (4) or (5) if, in particular, the Secretary of State considers that the development that would be authorised as a result of the change should properly be the subject of an application under section 37 for a development consent order.
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7
F2The power may be exercised without an application being made if the Secretary of State is satisfied that—
a
b
there are other exceptional circumstances that make it appropriate to exercise the power.
8
In this paragraph—
F6“relevant F8assimilated law” means—
- a
any right, power, obligation, liability or restriction that—
- i
was created or arose by or under the EU Treaties before exit day, and
- ii
forms part of F8assimilated law, and
- i
- b
any remedy or procedure that—
- i
was provided for by or under the EU Treaties before exit day, and
- ii
forms part of F8assimilated law,
- i
as modified from time to time.
- a
“the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42).
Sch. 6 modified (31.1.2017) by Wales Act 2017 (c. 4), s. 71(1)(b), Sch. 7 para. 8(3) (with Sch. 7 paras. 1, 6)