PART VIMiscellaneous Changes in Planning Law
General planning control
81Unopposed revocation or modification of planning permission
(1)
The following provisions shall have effect where the local planning authority have made an order under section 19 of the Act of 1947 (revocation or modification of planning permission) but have not submitted the order to the Secretary of State for confirmation by him, and—
(a)
the owner, the lessee and the occupier of the land and all persons who in the authority's opinion will be affected by the order have notified the authority in writing that they do not object to the order; and
(b)
it appears to the authority that no claim for compensation is likely to arise under section 20 of the Act of 1947 on account of the order.
(2)
The authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement shall specify—
(a)
the period (not less than twenty-eight days from the date on which the advertisement first appears) within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose ; and
(b)
the period (not less than fourteen days from the expiration of the period referred to in paragraph (a) above) at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section and without being confirmed by the Secretary of State.
(3)
The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(a) above, and the notice shall include a statement of the effect of subsection (7) of this section.
(4)
The authority shall send a copy of any advertisement published under subsection (2) above to the Secretary of State not more than three days after the publication.
(5)
If within the period referred to in subsection (2)(a) above no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid, and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in subsection (2)(b) of this section, take effect by virtue of this section and without being confirmed by the Secretary of State as required by section 19(1) of the Act of 1947.
(6)
This section does not apply to an order revoking or modifying a planning permission granted, or deemed to have been granted, by the Secretary of State under Part II of the Act of 1947 or under Part II or Part V of this Act; nor does it apply to an order modifying any conditions to which a planning permission is subject by virtue of section 66 or 67 of this Act.
(7)
No compensation shall be payable under section 20 of the Act of 1947 in respect of an order under section 19 of that Act which takes effect by virtue of this section and without being confirmed by the Secretary of State.