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Version Superseded: 06/08/2004
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Town and Country Planning Act 1990, Section 108 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where—
(a)planning permission granted by a development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and
(b)on an application made under Part III planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order,
section 107 shall apply as if the planning permission granted by the development order—
(i)had been granted by the local planning authority under Part III; and
(ii)had been revoked or modified by an order under section 97.
(2)Where planning permission granted by a development order is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation.
(3)This section shall not apply in relation to planning permission for the development of operational land of statutory undertakers.
[F1(4)Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.]
Textual Amendments
F1S. 108(4) inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 13(3) (with s. 84(5)); S.I. 1992/1279, art. 2 (with art. 3)
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