PART 3PLANNING PERMISSION

CHAPTER 10CHANGES TO PLANNING PERMISSION

Modification and revocation of planning permission

102Power to make order modifying or revoking planning permission

(1)

Where planning permission for the development of land in the area of a planning authority has been granted otherwise than by a development order or a local development order, the planning authority or the Welsh Ministers may by order modify or revoke the permission to any extent.

(2)

In deciding whether to make an order under this section, a planning authority or the Welsh Ministers must—

(a)

have regard to the development plan for the area and any other relevant considerations, and

(b)

make the decision in accordance with the development plan unless other relevant considerations indicate otherwise.

(3)

An order modifying or revoking planning permission for the carrying out of operations may be made at any time before the operations are completed, but does not affect permission for operations carried out before the order takes effect.

(4)

An order modifying or revoking planning permission for a material change in the use of land may be made at any time before the change takes place.

(5)

In Schedule 7—

(a)

Part 1 makes provision about the procedures that must be followed before an order made by a planning authority under this section takes effect (either with or without confirmation by the Welsh Ministers);

(b)

Part 2 makes provision about the procedure that must be followed before the Welsh Ministers make an order under this section;

(c)

Part 3 makes provision about conditions that may be imposed by an order under this section that modifies or revokes planning permission for development that consists of mining operations or includes the depositing of waste.