Planning Act 2008

Section 119

SCHEDULE 4 E+W+S Correction of errors in development consent decisions

Correction of errors E+W+S

1 (1) This paragraph applies if— E+W+S

(a) the [F1 Secretary 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 [F2 Secretary 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 [F3 Secretary of State] receives a written request to correct the error or omission from any person, or

(b) the [F3 Secretary of State] sends a statement in writing to the applicant which explains the error or omission and states that the [F3 Secretary 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 [F4 Secretary 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) As soon as practicable after the instrument [F6 containing 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 [F7 paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009).]

Textual Amendments

F1 Words in Sch. 4 para. 1(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(2); S.I. 2012/628, art. 7(a)

F2 Words in Sch. 4 para. 1(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(3); S.I. 2012/628, art. 7(a)

F3 Words in Sch. 4 para. 1(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(3); S.I. 2012/628, art. 7(a)

F4 Words in Sch. 4 para. 1(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(3); S.I. 2012/628, art. 7(a)

F5 Sch. 4 para. 1(9) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7

F6 Words in Sch. 4 para. 1(10) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(5); S.I. 2012/628, art. 7(a)

F7 Words in Sch. 4 para. 1(11) substituted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(4) (with s. 111); S.I. 2011/556, art. 3(2)(a)

Commencement Information

I1 Sch. 4 para. 1 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Correction notice E+W+S

2 (1) If paragraph 1(5)(a) or (b) applies the [F8 Secretary of State] must issue a notice in writing (a “correction notice”) which— E+W+S

(a) specifies the correction of the error or omission, or

(b) gives notice of the decision not to correct the error or omission.

(2) The [F8 Secretary of State] must issue the correction notice as soon as practicable after making the correction or deciding not to make the correction.

(3) The [F8 Secretary of State] must give the correction notice to—

(a) the applicant,

(b) each relevant local planning authority, and

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

(4) The Secretary of State may [F9 give the correction notice to persons other than those to whom sub-paragraph (3) requires it to be given.]

Textual Amendments

F8 Words in Sch. 4 para. 2 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(6); S.I. 2012/628, art. 7(a)

F9 Words in Sch. 4 para. 2(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(7); S.I. 2012/628, art. 7(a)

Commencement Information

I2 Sch. 4 para. 2 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Effect of a correction E+W+S

3 (1) If a correction is made in pursuance of paragraph 1— E+W+S

(a) the original decision and the decision document containing it continue in force, and

(b) the decision document is treated as corrected as specified in the correction notice issued under paragraph 2 with effect from the date the correction notice is issued, or, if the correction is required to be made by order contained in a statutory instrument, the date specified in the order.

(2) If a correction is not made—

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

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

(3) “The original decision” means the decision to—

(a) make an order granting development consent, or

(b) refuse development consent.

Commencement Information

I3 Sch. 4 para. 3 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Interpretation E+W+S

4 E+W+S In this Schedule—

• “the applicant” means the person who made the application to which the decision relates;

• F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “a relevant local planning authority” means a local planning authority for all or any part of the area in which the land to which the decision relates is situated.

Textual Amendments

F10 Words in Sch. 4 para. 4 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(8), Sch. 25 Pt. 20; S.I. 2012/628, art. 7

Commencement Information

I4 Sch. 4 para. 4 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)