Part 6Compensation

189Compensation: failure of consultee to respond under section 229

Where a consultee fails to respond to a council or departmental consultation in accordance with section 229(3) and—

a

that council or, as the case may be, the Department—

i

takes a decision under this Act to grant planning permission in the absence of such a response; and

ii

subsequently receives information which the council or the Department could reasonably expect to have been included in that response; and

iii

decides to revoke or modify planning permission under section 68, or make an order under section 73, due to the information referred to in sub-paragraph (ii); and

b

compensation is payable by a council under section 26 of the Act of 1965 in connection with the decision under sub-paragraph (iii),

the sponsoring department (if any) shall pay to the council the amount of compensation payable.