Town and Country Planning Act 1990

108 Compensation for refusal or conditional grant of planning permission formerly granted by development order [F1 or a local development order]. E+W

(1) Where—

(a) planning permission granted by a development order [F1 or a local development order] is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and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 [F2 or section 293A] 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 [F1 or a local development order]—

(i) had been granted by the local planning authority under Part III [F3 or section 293A] ; and

(ii) had been revoked or modified by an order under section 97.

(2) Where planning permission granted by a development order [F1 or a local development order] is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of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.

F4 [(4) Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order [F1 or a local development order] for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.]

Textual Amendments

F1 Words in s. 108 inserted (6.8.2004 for specified purposes, 10.5.2006 for E. so far as not already in force, 30.4.2012 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 40(2)(h) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 2(a); S.I. 2012/1100, art. 2

F2 Words in s. 108(1)(b) inserted (7.6.2006) by The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006 (S.I. 2006/1281), art. 5(a)(i)

F3 Words in s. 108(1)(b)(i) inserted (7.6.2006) by The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006 (S.I. 2006/1281), art. 5(a)(ii)

F4 S. 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)