Infrastructure Act 2015

Prospective

15 (1) Section 108 (compensation for refusal etc of planning permission formerly granted by development order etc) is amended as follows. U.K.

(2) In the heading after “local development order” insert “ , Mayoral development order ”.

(3) In subsection (1)—

(a) in paragraph (a) after “a local development order” insert “ , a Mayoral development order ”, and

(b) after “the local development order” insert “ , the Mayoral development order ”.

(4) After subsection (1) insert—

“(1A) Where section 107 applies in relation to planning permission granted by a Mayoral development order—

(a) subsection (1) of that section has effect as if it provided for a claim to be made to, and compensation to be paid by, the Mayor of London rather than the local planning authority, and

(b) subject to subsection (1B), sections 109 to 112 have effect where compensation is payable by the Mayor of London under section 107(1) as if references to the local planning authority (however expressed) were references to the Mayor of London.

(1B) Subsection (1A)(b) does not apply to section 110(2) or (4).”

(5) In subsection (2)—

(a) after “a local development order” insert “ , a Mayoral development order ”, and

(b) after “revocation” in both places insert “ , revision ”.

(6) In subsection (3B) after paragraph (b) insert—

“(ba) in the case of planning permission granted by a Mayoral development order, the condition in subsection (3DA) is met, or”.

(7) After subsection (3D) insert—

“(3DA) The condition referred to in subsection (3B)(ba) is that—

(a) the planning permission is withdrawn by the revocation or revision of the Mayoral development order,

(b) notice of the revocation or revision was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation or revision took effect, and

(c) either—

(i) the development authorised by the Mayoral development order had not begun before the notice was published, or

(ii) section 61DE(3) applies in relation to the development.”