The Town and Country Planning (Permission in Principle) Order 2017

Amendment of the Town and Country Planning (Compensation) (England) Regulations 2015

3.—(1) The Town and Country Planning (Compensation) (England) Regulations 2015(1) are amended as follows.

(2) After regulation 1 insert—

“Compensation for revocation or modification of permission in principle granted by development order

1A.— (1) Paragraph (2) applies where, in relation to development on particular land—

(a) permission in principle granted by a development order is revoked or modified pursuant to section 97(1)(b) of the 1990 Act (including section 97 as applied by section 100 of the Act), and

(b) on an application made under Part 3 of the 1990 Act before the end of the period of 12 months beginning with the date on which the revocation or modification takes effect, outline planning permission (within the meaning in section 92 of the 1990 Act) is refused for development of a description that is the same as, or falls within, the development described in the permission in principle (before it was revoked or modified).

(2) Subject to paragraph (3), where paragraph (1) applies section 107 of the 1990 Act shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 of the 1990 Act, and had been revoked or modified by an order under section 97(1)(a) of the 1990 Act.

(3) Paragraph (2) does not apply if the order under section 97 of the 1990 Act to revoke or modify the permission in principle is made at least 12 months and not more than 5 years before the revocation or modification takes effect.”.

(1)

S.I. 2015/598, as amended by S.I. 2016/331.