C1Part 12Correction of errors
219Correction of errors in decision documents
1
This section applies if—
a
a council issues a decision document which contains a correctable error; or
b
the Department issues a decision document (other than a document referred to in section 222(2)(d) or (e)) which contains a correctable error.
2
The council may correct the error—
a
if it is requested to do so in writing by any person;
b
if it sends a statement in writing to the applicant which explains the error and states that it is considering making the correction.
3
But the council must not correct the error unless not later than the end of the relevant period it—
a
receives a request mentioned in subsection (2)(a); or
b
sends a statement mentioned in subsection (2)(b).
4
The relevant period is the period specified for the purposes of subsection (3) in a development order.
5
In this section references to “the council” means—
a
in relation to a decision document issued by a council, the council which issued the document;
b
in relation to a decision document issued by the Department, the council within whose district the land to which the decision document relates is situated.
220Correction notice
1
If paragraph (a) or (b) of section 219(2) applies the council 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 its decision not to correct such an error.
2
The council 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
if the correction was requested by any other person, that person.
221Effect of correction
1
If a correction is made in pursuance of section 219—
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.
222Supplementary
1
This section applies for the purposes of this Part.
2
A decision document is a document which records any of the following decisions—
a
a decision to grant or refuse planning permission;
b
a decision to grant outline planning permission;
c
a decision to approve reserved matters (within the meaning of section 62);
d
a decision to grant or to refuse to grant a certificate under section 169 or 170;
e
any decision relating—
i
to an application for consent under a tree preservation order,
ii
to an application for consent under any regulations made under section 130, or
iii
to any certificate or direction under any such order or regulations;
f
a decision on an application for listed building consent under section 85(2) or (3);
g
a decision relating to any consent under section 105 (conservation area consent);
h
a decision under section 110 (determination of applications for hazardous substances consent);
i
any other decision under this Act which is of a description specified by the Department in a development order.
3
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.
4
The applicant is in the case of a decision made on an application under this Act, the person who made the application.
5
Error includes omission.
Pts. 10-12: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))