189 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.
Commencement Information
I1S. 189 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I2S. 189 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)