Prospective
(1)A discontinuance order may grant planning permission for development of the land to which it relates, subject to conditions specified in the order.
(2)The planning permission that may be granted by a discontinuance order is any planning permission that could be granted on an application under Part 3.
(3)Subsection (4) applies where a discontinuance order grants planning permission for development carried out before—
(a)in the case of an order made by a planning authority, the day the order is submitted to the Welsh Ministers under paragraph 1 of Schedule 14;
(b)in the case of an order made by the Welsh Ministers, the day the Welsh Ministers serve notice of the proposed order under paragraph 2(2) of Schedule 14.
(4)The permission may be granted to have effect—
(a)from the beginning of the day the development was carried out, or
(b)if it was carried out in accordance with planning permission granted for a limited period, from the end of that period.
(5)Schedule 3 (conditions relating to mining operations and depositing of waste) applies, with any necessary modifications, in relation to a planning permission granted by a discontinuance order made by the Welsh Ministers as it applies in relation to a planning permission granted by a planning authority.
(6)Where a discontinuance order grants planning permission, section 69 (decision notices) applies as if the order were a decision notice.
(7)See also—
(a)Chapter 9 of Part 3 for provision requiring planning permission to be granted subject to conditions relating to the duration and implementation of the permission;
(b)section 233 for provision requiring a planning authority to impose appropriate conditions relating to the preservation or planting of trees.
Commencement Information
I1S. 207 not in force at Royal Assent, see s. 409(2)