Town and Country Planning Act 1990

F2 108 Compensation for refusal or conditional grant of planning permission [F1 etc] formerly granted by development order [F2 , local development order or neighbourhood development order]. E+W

(1) Where—

(a) planning permission granted by a development order [F3 , a local development order or a neighbourhood development order] is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and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 [F4 Part III [F5 or section 293A]] [F4 Parts 3 or 13] 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 [F6 , the local development order or the neighbourhood development order]—

(i) had been granted by the local planning authority under Part III [F7 [F8 or section 293A] [F8 or by the Secretary of State or Welsh Ministers under Part 13]]; and

(ii) had been revoked or modified by an order under section 97.

(2) Where planning permission granted by a development order [F9 , a local development order or a neighbourhood development order] is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of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.

[F10 (2A) Where—

(a) planning permission granted by a development order for development [F11 in England] of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or

(b) planning permission granted by a local development order for development [F12 in England] is withdrawn by the issue of directions under powers conferred by the order,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 directions took effect.]

[F13 (2B) Where—

(a) permission in principle granted by a development order is withdrawn by the revocation or amendment of the order, and

(b) on an application made under [F14 Part 3 or section 293A] [F14 Parts 3 or 13] before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation, permission in principle is refused for development of a description that is the same as, or falls within, that to which the withdrawn permission in principle related,

section 107 shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 [F15 or section 293A] [F15 or by the Secretary of State or Welsh Ministers under Part 13], and had been revoked or modified by an order under section 97.]

(3) This section shall not apply in relation to planning permission[F16 , or permission in principle,] for the development of operational land of statutory undertakers.

[F17 (3B) This section does not apply if—

(a) in the case of planning permission [F18 or permission in principle] granted by a development order, the condition in subsection (3C) is met;

(b) in the case of planning permission granted by a local development order, the condition in subsection (3D) is met.

[F19 (c) in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.]

(3C) The condition referred to in subsection (3B)(a) is that—

(a) the planning permission [F20 or permission in principle] is granted for development [F21 in England] of a prescribed description,

(b) the [F22 permission] is withdrawn in the prescribed manner,

(c) notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and

(d) [F23 where the development order granted planning permission,] either—

(i) the development authorised by the development order had not started before the notice was published, or

(ii) the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

(3D) The condition referred to in subsection (3B)(b) is that—

(a) [F24 the planning permission is granted for development in England,]

(b) the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order,

(c) notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and

(d) either—

(i) the development authorised by the local development order had not started before the notice was published, or

(ii) the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.]

[F25 (3E) The condition referred to in subsection (3B)(c) is that—

(a) the planning permission is withdrawn by the revocation of the neighbourhood development order,

(b) notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and

(c) either—

(i) the development authorised by the neighbourhood development order had not begun before the notice was published, or

(ii) section 61L(7) applies in relation to the development.]

[F26 (3F) This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.]

[F27 (4) Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order [F28 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.]

[F29 (5) Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order.

(6) In this section “prescribed” means prescribed by regulations made by the Secretary of State [F30 in relation to England and the Welsh Ministers in relation to Wales,]]

Textual Amendments

F1 Word in s. 108 heading inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 29(2); S.I. 2016/733, reg. 3(d)

F2 Words in s. 108 title substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(6); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F3 Words in s. 108(1)(a) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(2)(a); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F4 Words in s. 108(1)(b) substituted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 3(a)(i) (with s. 247)

F5 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)

F6 Words in s. 108(1) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(2)(b); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F7 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)

F8 Words in s. 108(1)(i) substituted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 3(a)(ii) (with s. 247)

F9 Words in s. 108(2) substituted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(3); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F10 S. 108(2A) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 189(2), 241 (with s. 226); S.I. 2010/566, art. 3(a) (with art. 4)

F11 Words in s. 108(2A)(a) omitted (W.) (31.1.2012) by virtue of The Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012 (S.I. 2012/210), arts. 1(2), 2(a)

F12 Words in s. 108(2A)(b) omitted (W.) (31.1.2012) by virtue of The Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012 (S.I. 2012/210), arts. 1(2), 2(b)

F13 S. 108(2B) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 29(3); S.I. 2016/733, reg. 3(d)

F14 Words in s. 108(2B)(b) substituted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 3(b)(i) (with s. 247)

F15 Words in s. 108(2B) substituted (26.12.2023 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 3(b)(ii) (with s. 247)

F16 Words in s. 108(3) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 29(4); S.I. 2016/733, reg. 3(d)

F17 S. 108(3B)-(3D) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 189(3), 241 (with s. 226); S.I. 2010/566, art. 3(a) (with art. 4)

F18 Words in s. 108(3B)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 29(5); S.I. 2016/733, reg. 3(d)

F19 S. 108(3B)(c) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(4); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F20 Words in s. 108(3C)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 29(5); S.I. 2016/733, reg. 3(d)

F21 Words in s. 108(3C)(a) omitted (W.) (31.1.2012) by virtue of The Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012 (S.I. 2012/210), arts. 1(2), 2(c)

F22 Word in s. 108(3C)(b) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 29(6); S.I. 2016/733, reg. 3(d)

F23 Words in s. 108(3C)(d) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 29(7); S.I. 2016/733, reg. 3(d)

F24 S. 108(3D)(a) omitted (W.) (31.1.2012) by virtue of The Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012 (S.I. 2012/210), arts. 1(2), 2(d)

F25 S. 108(3E) inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 12 para. 15(5); S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F26 S. 108(3F) inserted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 17 para. 3; S.I. 2013/2227, art. 2(m)

F27 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)

F28 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

F29 S. 108(5)(6) inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 189(4), 241 (with s. 226); S.I. 2010/566, art. 3(a) (with art. 4)

F30 Words in s. 108(6) inserted (W.) (31.1.2012) by The Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012 (S.I. 2012/210), arts. 1(2), 2(e)

Modifications etc. (not altering text)

C1 S. 108 applied (29.7.2021) by Space Industry Act 2018 (c. 5), ss. 47(3)(a), 70(1); S.I. 2021/817, reg. 2, Sch. para. 84 (with reg. 3)

C2 S. 108(3F) transitional provisions for effects of 2003 c. 24, s. 63, Sch. 17 paras. 1-6 (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 5(4)(b)