Housing and Planning Act 2016

29 (1) Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order etc) is amended as follows. E+W

(2) In the heading, after “planning permission” insert “ etc ”.

(3) After subsection (2A) insert—

“(2B) Where—

(a) permission in principle granted by a development order is withdrawn by the revocation or amendment of the order, and

(b) on an application made under Part 3 or section 293A before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation, permission in principle is refused for development of a description that is the same as, or falls within, that to which the withdrawn permission in principle related,

section 107 shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 or section 293A, and had been revoked or modified by an order under section 97.”

(4) In subsection (3), after “planning permission” insert “ , or permission in principle, ”.

(5) In subsections (3B)(a) and (3C)(a), after “planning permission” insert “ or permission in principle ”.

(6) In subsection (3C)(b), for “planning permission” substitute “ permission ”.

(7) In subsection (3C)(d), before “either” insert “ where the development order granted planning permission, ”.

Commencement Information

I1 Sch. 12 para. 29 in force at 13.7.2016 by S.I. 2016/733, reg. 3(d)