Version Superseded: 14/07/2015
Point in time view as at 05/03/2015. This version of this provision has been superseded.
Infrastructure Act 2015, Section 28 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent) is amended as follows.
(2)In paragraph 2 (non-material changes to orders)—
(a)in sub-paragraph (8) (duty for Secretary of State to comply with prescribed consultation and publicity requirements) after “Secretary of State” insert “ and the person who has made the application under sub-paragraph (4) ”, and
(b)after that sub-paragraph insert—
“(8A)The power to make regulations under sub-paragraph (8) includes power to allow the Secretary of State or the person who has made the application under sub-paragraph (4) to exercise a discretion.”
(3)In paragraph 3 (changes to, and revocation of, orders) after sub-paragraph (5) insert—
“(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.”
(4)In paragraph 4 (supplementary provisions about changes to, and revocation of, orders) after sub-paragraph (5) insert—
“(5A)The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion.”
Commencement Information
I1S. 28 partly in force; s. 28 in force for specified purposes at Royal Assent, see s. 57(5)(b)
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