Modifications etc. (not altering text)
C1Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11
Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3
Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)
Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)
Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51
Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)
Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4
Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))
Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2
Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)
Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)
C2Pt. 3 (ss. 55-106) modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 25(2) (with art. 30)
Pt. 3 modified (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 17(1) (with arts. 3(6), 12(3))
C3Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), art. 27(1) (with art. 19, Sch. 3 para. 13(2))
C4Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)
C5Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), art. 34(1) (with art. 36(3))
C6Pt. 3 modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 28(1)
C7Pt. 3 modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 11(1)
C8Pt. 3 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 47(1) (with art. 51, Sch. 10 paras. 68, 85)
C9Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 36(2)
C10Pt. 3 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 38(2)
Textual Amendments
F1Words in s. 97 cross-heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 24; S.I. 2016/733, reg. 3(d)
(1)If it appears to the local planning authority that it is expedient to revoke or [F3modify—
(a)any permission (including permission in principle) to develop land granted on an application made under this Part, or
(b)any permission in principle granted by a development order,
the authority] may by order revoke or modify the permission to such extent as they consider expedient.
(2)In exercising their functions under subsection (1) the authority shall have regard to the development plan and to any other material considerations.
(3)The power conferred by this section may be exercised—
(a)[F4in the case of planning permission that] relates to the carrying out of building or other operations, at any time before those operations have been completed;
(b)[F4in the case of planning permission that] relates to a change of the use of any land, at any time before the change has taken place.
(4)The revocation or modification of [F5planning permission] for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.
(5)References in this section to the local planning authority are to be construed in relation to development consisting of the winning and working of minerals as references to the mineral planning authority, F6. . ..
F7[(6)Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development—
(a)consisting of the winning and working of minerals; or
(b)involving the depositing of refuse or waste materials.]
Textual Amendments
F2Words in s. 97 heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 25(2); S.I. 2016/733, reg. 3(d)
F3Words in s. 97(1) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 25(3); S.I. 2016/733, reg. 3(d)
F4Words in s. 97(3)(a)(b) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 25(4); S.I. 2016/733, reg. 3(d)
F5Words in s. 97(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 25(5); S.I. 2016/733, reg. 3(d)
F6Words in s. 97(5) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 21, 84(6), Sch. 1 para. 4, Sch. 19, Pt.I (with s. 84(5)); S.I. 1991/2067, art. 3, Sch.1 (subject to art. 4)
F7S. 97(6) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para.4 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
(1)Except as provided in section 99, an order under section 97 shall not take effect unless it is confirmed by the Secretary of State.
(2)Where a local planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on—
(a)the owner of the land affected,
(b)the occupier of the land affected, and
(c)any other person who in their opinion will be affected by the order.
(3)The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(4)If within that period such a person so requires, before the Secretary of State confirms the order he shall give such an opportunity both to him and to the local planning authority.
(5)The period referred to in subsection (3) must not be less than 28 days from the service of the notice.
(6)The Secretary of State may confirm an order submitted to him under this section either without modification or subject to such modifications as he considers expedient.
(1)This section applies where—
(a)the local planning authority have made an order under section 97; and
(b)the owner 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 it.
(2)Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—
(a)the period 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 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 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)(b).
(4)The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.
(5)The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).
(6)The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than three days after the publication.
(7)If—
(a)no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and
(b)the Secretary of State has not directed within that period that the order be submitted to him for confirmation,
the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 98(1).
(8)This section does not apply—
(a)to an order revoking or modifying a planning permission [F8or permission in principle] granted or deemed to have been granted by the Secretary of State [F9or the Welsh Ministers] under this Part or Part VII, or
(b)to an order modifying any conditions to which a planning permission is subject by virtue of section 91 or 92.
Textual Amendments
F8Words in s. 99(8)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 26; S.I. 2016/733, reg. 3(d)
F9Words in s. 99(8)(a) inserted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 12; S.I. 2016/52, art. 3(e)
(1)If it appears to the Secretary of State that it is expedient that an order should be made under section 97, he may himself make such an order.
(2)Such an order which is made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.
(3)The Secretary of State shall not make such an order without consulting the local planning authority.
(4)Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.
(5)The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6)If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.
(7)The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 97 and its confirmation by the Secretary of State shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order and its making by him.
F11[(8)Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.]
Textual Amendments
F10Words in s. 100 heading inserted (E.) (27.3.2017) by The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 (S.I. 2017/276), regs. 1, 3(5)
F11S. 100(8) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para.5 (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)