Planning Act 2008

Changes to, and revocation of, orders granting development consent E+W+S

3 (1) The [F1 Secretary of State] may by order make a change to, or revoke, a development consent order. E+W+S

(2) The power conferred by sub-paragraph (1) may be exercised only in accordance with—

(a) the following provisions of this paragraph, and

(b) paragraphs 4 and 5.

(3) The power may be exercised without an application being made if the [F1 Secretary of State] is satisfied that—

(a) the development consent order contains a significant error, and

(b) it would not be appropriate for the error to be corrected by means of the power conferred by paragraph 1 of Schedule 4 or paragraph 2 of this Schedule.

(4) The power may be exercised on an application made by or on behalf of—

(a) the applicant or a successor in title of the applicant,

(b) a person with an interest in the land, or

(c) any other person for whose benefit the development consent order has effect.

(5) The power may be exercised on an application made by a local planning authority if the [F1 Secretary of State] is satisfied that—

(a) the development consent order grants development consent for development on land all or part of which is in the local planning authority's area,

(b) the development has begun but has been abandoned, and

(c) the amenity of other land in the local planning authority's area or an adjoining area is adversely affected by the condition of the land.

[F2 (5A) The Secretary of State may refuse to exercise the power on an application made under sub-paragraph (4) or (5) if, in particular, the Secretary of State considers that the development that would be authorised as a result of the change should properly be the subject of an application under section 37 for a development consent order.]

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

(7) [F4 The] power may be exercised without an application being made if the Secretary of State is satisfied that—

(a) if the development were carried out in accordance with the development consent order, there would be a contravention of [F5 relevant retained EU law] or any of the Convention rights, or

(b) there are other exceptional circumstances that make it appropriate to exercise the power.

(8) In this paragraph—

• [F6 “relevant retained EU law” means—

  (a)

  any right, power, obligation, liability or restriction that—

  (i)

  was created or arose by or under the EU Treaties before exit day, and

  (ii)

  forms part of retained EU law, and

  (b)

  any remedy or procedure that—

  (i)

  was provided for by or under the EU Treaties before exit day, and

  (ii)

  forms part of retained EU law,

  as modified from time to time.]

• “the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42).

Textual Amendments

F1 Words in Sch. 6 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(3); S.I. 2012/628, art. 7(a)

F2 Sch. 6 para. 3(5A) inserted (14.7.2015) by Infrastructure Act 2015 (c. 7), ss. 28(3), 57(5)(b); S.I. 2015/758, reg. 3 (with reg. 4(3))

F3 Sch. 6 para. 3(6) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(8), Sch. 25 Pt. 20; S.I. 2012/628, art. 7

F4 Word in Sch. 6 para. 3(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(9); S.I. 2012/628, art. 7(a)

F5 Words in Sch. 6 para. 3(7)(a) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Sch. 6 para. 3(8) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Sch. 6 para. 3 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)