C1C2C3C4C5 Part IV Compensation for Effects of Certain Orders, Notices, etc.

Annotations:
Modifications etc. (not altering text)
C1

Pt. IV (ss. 107-118) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(4)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. IV (ss. 107-118) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Compensation for revocation of planning permission, etc.

F22108 Compensation for refusal or conditional grant of planning permission F21etc formerly granted by development order F22, local development order or neighbourhood development order.

1

Where—

a

planning permission granted by a development order F13, a local development order or a neighbourhood development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and

b

on an application made under Part III F3or section 293A planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order,

section 107 shall apply as if the planning permission granted by the development order F9, the local development order or the neighbourhood development order

i

had been granted by the local planning authority under Part III F4or section 293A; and

ii

had been revoked or modified by an order under section 97.

2

Where planning permission granted by a development order F17, a local development order or a neighbourhood development order is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation.

F52A

Where—

a

planning permission granted by a development order for development F11in England of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or

b

planning permission granted by a local development order for development F10in England is withdrawn by the issue of directions under powers conferred by the order,

this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.

F82B

Where—

a

permission in principle granted by a development order is withdrawn by the revocation or amendment of the order, and

b

on an application made under Part 3 or section 293A before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation, permission in principle is refused for development of a description that is the same as, or falls within, that to which the withdrawn permission in principle related,

section 107 shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 or section 293A, and had been revoked or modified by an order under section 97.

3

This section shall not apply in relation to planning permissionF18, or permission in principle, for the development of operational land of statutory undertakers.

F63B

This section does not apply if—

a

in the case of planning permission F12or permission in principle granted by a development order, the condition in subsection (3C) is met;

b

in the case of planning permission granted by a local development order, the condition in subsection (3D) is met.

F24c

in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.

3C

The condition referred to in subsection (3B)(a) is that—

a

the planning permission F23or permission in principle is granted for development F15in England of a prescribed description,

b

the F25permission is withdrawn in the prescribed manner,

c

notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and

d

F26where the development order granted planning permission, either—

i

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

ii

the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

3D

The condition referred to in subsection (3B)(b) is that—

a

F14the planning permission is granted for development in England,

b

the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order,

c

notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and

d

either—

i

the development authorised by the local development order had not started before the notice was published, or

ii

the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

F203E

The condition referred to in subsection (3B)(c) is that—

a

the planning permission is withdrawn by the revocation of the neighbourhood development order,

b

notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and

c

either—

i

the development authorised by the neighbourhood development order had not begun before the notice was published, or

ii

section 61L(7) applies in relation to the development.

C6F193F

This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.

F14

Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order F2or a local development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.

F75

Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order.

6

In this section “prescribed” means prescribed by regulations made by the Secretary of State F16in relation to England and the Welsh Ministers in relation to Wales,