Town and Country Planning Act 1968

80 Unopposed revocation or modification of planning permission.

(1) The following provisions shall have effect where the local planning authority have made an order under section 27 of the principal Act (revocation or modification of planning permission) but have not submitted the order to the Minister for confirmation by him, and—

(a) the owner and the occupier of the land and all persons who in the authority's opinion will be affected by the order have notified the authority in writing that they do not object to the order ; and

(b) it appears to the authority that no claim for compensation is likely to arise under section 118 of the principal Act on account of the order.

(2) The authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement shall specify—

(a) the period (not less than twenty-eight days from the date on which the advertisement first appears) within which persons affected by the order may give notice to the Minister that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Minister for the purpose ; and

(b) the period (not less than fourteen days from the expiration of the period referred to in paragraph (a) above) at the expiration of which, if no such notice is given to the Minister, the order may take effect by virtue of this section and without being confirmed by the Minister.

(3) The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(a) above, and the notice shall include a statement of the effect of subsection (7) of this section.

(4) The authority shall send a copy of any advertisement published under subsection (2) above to the Minister, not more than three days after the publication.

(5) If within the period referred to in subsection (2)(a) above no person claiming to be affected by the order has given notice to the Minister as aforesaid, and the Minister has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in subsection (2) (b) of this section, take effect by virtue of this section and without being confirmed by the Minister as required by section 27(2) of the principal Act.

(6) This section does not apply to an order revoking or modifying a planning permission granted or deemed to have been granted by the Minister under Part III or Part IV of the principal Act or under Part II or Part V of this Act; nor does it apply to an order modifying any conditions to which a planning permission is subject by virtue of section 65 or 66 of this Act.

(7) No compensation shall be payable under section 118 of the principal Act in respect of an order under section 27 of that Act which takes effect by virtue of this section and without being confirmed by the Minister.