C1C2C3C4C5Part IV Compensation for Effects of Certain Orders, Notices, etc.

Annotations:
Modifications etc. (not altering text)
C1

Pt. IV (ss. 107-118) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(4)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. IV (ss. 107-118) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Compensation for revocation of planning permission, etc.

108 Compensation for refusal or conditional grant of planning permission formerly granted by development order F1or a local development order.

1

Where—

a

planning permission granted by a development order F1or a local development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and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 F1or a local 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had been revoked or modified by an order under section 97.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Where planning permission granted by a development order F1or a local development order is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of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.

F24

Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order F1or a local development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.