SCHEDULES

SCHEDULE 4Correction of errors in development consent decisions

Correction of errors

1

(1)

This paragraph applies if—

(a)

the F1Secretary of State makes an order granting development consent, or refuses development consent, and

(b)

the decision document contains a correctable error.

(2)

The decision document is—

(a)

in the case of an order granting development consent, the order;

(b)

in the case of a refusal of development consent, the document recording the refusal.

(3)

A correctable error is an error or omission which—

(a)

is in a part of the decision document which records the decision, and

(b)

is not part of the statement of reasons for the decision.

(4)

The F2Secretary of State may correct the error or omission if (but only if) the conditions in sub-paragraphs (5) and (7) are met.

This is subject to sub-paragraph (11).

(5)

The condition is that, before the end of the relevant period—

(a)

the F3Secretary of State receives a written request to correct the error or omission from any person, or

(b)

the F3Secretary of State sends a statement in writing to the applicant which explains the error or omission and states that the F3Secretary of State is considering making the correction.

(6)

The relevant period is—

(a)

if the decision document is an order granting development consent, the period specified in section 118(1)(b);

(b)

if the decision document is the document recording a refusal of development consent, the period specified in section 118(2)(b).

(7)

The condition is that the F4Secretary of State informs each relevant local planning authority that the request mentioned in sub-paragraph (5)(a) has been received or the statement mentioned in sub-paragraph (5)(b) has been sent (as the case may be).

(8)

If—

(a)

the decision document is an order granting development consent, and

(b)

the order was required to be contained in a statutory instrument,

the power conferred by sub-paragraph (4) may be exercised only by order contained in a statutory instrument.

F5(9)

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(10)

As soon as practicable after the instrument F6containing the order is made, the Secretary of State must deposit a copy of it in the office of the Clerk of the Parliaments.

(11)

The power conferred by sub-paragraph (4) may not be exercised in relation to provision included in an order granting development consent by virtue of F7paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009).