Planning and Compulsory Purchase Act 2004 (c. 5)

Part 5 E+W Correction of errors

56 Correction of errors in decisions E+W

(1) This section applies if the Secretary of State or an inspector issues a decision document which contains a correctable error.

(2) The Secretary of State or the inspector (as the case may be) may correct the error—

(a) if he is requested to do so in writing by any person;

(b) if he sends a statement in writing to the applicant which explains the error and states that he is considering making the correction.

(3) But the Secretary of State or inspector must not correct the error unless—

(a) not later than the end of the relevant period he receives a request mentioned in subsection (2)(a) or sends a statement mentioned in subsection (2)(b), [F1 and]

(b) he informs the local planning authority of that fact, F2 ...

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The relevant period—

(a) is the period within which an application or appeal may be made to the High Court in respect of the decision recorded in the decision document;

(b) does not include any time by which such a period may be extended by the High Court.

(5) It is immaterial whether any such application or appeal is made.

F3 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 56(3)(a) inserted (1.9.2014) by The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 3(2)(a)

F2 S. 56(3)(c) and word omitted (1.9.2014) by virtue of The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 3(2)(b)

F3 S. 56(6)(7) omitted (1.9.2014) by virtue of The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 3(3)

Commencement Information

I1 S. 56 in force at 28.9.2004 by S.I. 2004/2202, art. 3(a)

57 Correction notice E+W

(1) If paragraph (a) or (b) of section 56(2) applies the Secretary of State or the inspector must as soon as practicable after making any correction or deciding not to make any correction issue a notice in writing (a correction notice) which—

(a) specifies the correction of the error, or

(b) gives notice of his decision not to correct such an error.

(2) The Secretary of State or the inspector (as the case may be) must give the correction notice to—

(a) the applicant;

(b) if the applicant is not the owner of the land in respect of which the original decision was made, the owner;

(c) the local planning authority for the area in which the land in respect of which the decision was made is situated;

(d) if the correction was requested by any other person, that person.

(3) The Secretary of State may by order specify any other person or description of persons to whom the correction notice must be given.

Commencement Information

I2 S. 57 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I3 S. 57 in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(a)

58 Effect of correction E+W

(1) If a correction is made in pursuance of section 56—

(a) the original decision is taken not to have been made;

(b) the decision is taken for all purposes to have been made on the date the correction notice is issued.

(2) If a correction is not made—

(a) the original decision continues to have full force and effect;

(b) nothing in this Part affects anything done in pursuance of or in respect of the decision.

(3) Section 288 of the principal Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were an action on the part of the Secretary of State to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in—

(a) paragraph (a) of section 59(4) below, or

(b) paragraph (b) of that section, if it is a decision mentioned in section 177 of the principal Act (grant or modification of planning permission on appeal against enforcement notice).

(4) Section 289 of the principal Act (appeals to the High Court relating to enforcement notices and notices under section 207 of that Act) applies to the correction notice as if it were a decision of the Secretary of State mentioned in—

(a) subsection (1) of that section, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (b) of section 59(4) below (not being a decision mentioned in section 177 of the principal Act), or

(b) subsection (2) of that section, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (c) of section 59(4) below.

(5) Section 63 of the listed buildings Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Secretary of State to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in any of paragraphs (d) to (f) of section 59(4) below.

(6) Section 22 of the hazardous substances Act (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Secretary of State under section 20 or 21 of that Act, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (g) of section 59(4) below.

(7) If the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (h) of section 59(4) the Secretary of State must by order make provision for questioning the validity of the notice which corresponds to the provisions of the planning Acts mentioned in subsections (3) to (6) above.

(8) Except to the extent provided for by virtue of this section a correction notice must not be questioned in any legal proceedings.

Commencement Information

I4 S. 58 in force at 28.9.2004 by S.I. 2004/2202, art. 3(a)

59 Supplementary E+W

(1) This section applies for the purposes of this Part.

(2) An inspector is a person appointed under any of the planning Acts to determine appeals instead of the Secretary of State [F4 or appointed under section 76D of the principal Act to determine applications instead of the Secretary of State] .

[F5 (2A) An inspector is also a person appointed under Schedule 4D of the principal Act to determine an application instead of the Welsh Ministers.]

(3) In the case of a decision document issued by an inspector any other inspector may act under this Part.

(4) A decision document is a document which records any of the following decisions—

(a) a decision of any description which constitutes action on the part of the Secretary of State under section 284(3) of the principal Act (decisions which are not to be questioned in legal proceedings);

(b) a decision in proceedings on an appeal under Part 7 of that Act (enforcement notices);

(c) a decision in proceedings on an appeal under section 208 of that Act (appeals against enforcement notices relating to trees);

(d) a decision mentioned in section 62(2) of the listed buildings Act (decisions which are not to be questioned in legal proceedings);

(e) a decision on an appeal under section 39 of that Act (appeals against listed building enforcement notices);

(f) a decision relating to conservation area consent within the meaning of section 74(1) of that Act (consent required for demolition of certain buildings);

(g) a decision under section 20 or 21 of the hazardous substances Act (certain applications referred to and appeals determined by the Secretary of State);

(h) a decision under any of the planning Acts which is of a description specified by the Secretary of State by order.

(5) A correctable error is an error—

(a) which is contained in any part of the decision document which records the decision, but

(b) which is not part of any reasons given for the decision.

(6) The applicant is—

(a) in the case of a decision made on an application under any of the planning Acts, the person who made the application;

(b) in the case of a decision made on an appeal under any of those Acts, the appellant.

(7) The owner in relation to land is a person who—

(a) is the estate owner in respect of the fee simple;

(b) is entitled to a tenancy granted or extended for a term of years simple of which not less than seven years remain unexpired;

(c) is entitled to an interest in any mineral prescribed by a development order, in the case of such applications under the principal Act as are so prescribed.

(8) Error includes omission.

(9) For the purposes of the exercise of any function under this Part in relation to Wales references to the Secretary of State must be construed as references to the National Assembly for Wales.

Textual Amendments

F4 Words in s. 59(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 12; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2

F5 S. 59(2A) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 3 para. 2; S.I. 2016/52, art. 3(d)

Commencement Information

I5 S. 59 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I6 S. 59 in force at 28.9.2004 in so far as not already in force by S.I. 2004/2202, art. 3(a)