Planning (Wales) Act 2026

Prospective

105 Compensation for refusal or conditional grant of planning permission previously granted by order E+W

(1) This section applies where—

(a) planning permission granted by a development order or a local development order has been withdrawn (whether by a direction under the order, or by the amendment, revision or revocation of the order), and

(b) on an application under this Part, planning permission for development that was permitted by the order is refused or is granted subject to different conditions from those that were imposed by the order.

(2) Any person interested in the land to which the planning decision relates is entitled, on making a claim to the planning authority in whose area the land is situated, to be paid compensation by the authority for—

(a) any expenditure incurred by the person in carrying out works that become abortive because of the planning decision;

(b) any other loss or damage suffered by the person that is directly attributable to the decision.

(3) A claim for compensation under this section must be made in writing within 12 months beginning with the day the planning decision is made.

(4) Where—

(a) planning permission granted by a development order for development of a description specified in regulations has been withdrawn by a direction under the order, or

(b) planning permission granted by a local development order has been withdrawn by a direction under the order,

this section applies only if the application mentioned in subsection (1)(b) is made before the end of 12 months beginning with the day the direction took effect.

(5) Where planning permission granted by a development order or a local development order has been withdrawn by the amendment, revision or revocation of the order, this section applies only if the application mentioned in subsection (1)(b) is made before the end of 12 months beginning with the day the amendment, revision or revocation took effect.

(6) Where—

(a) planning permission granted by a development order for development of a description specified in regulations has been withdrawn in the way specified in regulations, or

(b) planning permission granted by a local development order has been withdrawn by a direction under the order or by the revision or revocation of the order,

this section does not apply if the conditions in subsection (7) are met.

(7) The conditions are that—

(a) notice of the withdrawal of the permission has been published in the way specified in regulations,

(b) the notice was published not less than 12 months, and not more than the period specified in regulations, before the withdrawal took effect, and

(c) either—

(i) the development authorised by the order had not started before the notice was published, or

(ii) the order includes provision under section 46 permitting the development to be completed after the permission is withdrawn.

(8) This section does not apply in relation to planning permission for the development of operational land of a statutory undertaker (for which see sections 319 and 321).

(9) Regulations may provide that this section does not apply where planning permission granted by a development order or a local development order for the demolition of buildings, or of buildings of a description specified in the regulations, is withdrawn by a direction under the order.

Commencement Information

I1 S. 105 not in force at Royal Assent, see s. 409(2)