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Planning and Compulsory Purchase Act 2004, Section 41 is up to date with all changes known to be in force on or before 16 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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In the principal Act after section 61C (planning permission granted by local development orders) (inserted by section 40 of this Act) there is inserted the following section—
(1)A development order or local development order may include provision permitting the completion of development if —
(a)planning permission is granted by the order in respect of the development, and
(b)the planning permission is withdrawn at a time after the development is started but before it is completed.
(2)Planning permission granted by a development order is withdrawn—
(a)if the order is revoked;
(b)if the order is amended so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
(c)by the issue of a direction under powers conferred by the order.
(3)Planning permission granted by a local development order is withdrawn—
(a)if the order is revoked under section 61A(6) or 61B(8);
(b)if the order is revised in pursuance of paragraph 2 of Schedule 4A so that it ceases to grant planning permission in respect of the development or materially changes any condition or limitation to which the grant of permission is subject;
(c)by the issue of a direction under powers conferred by the order.
(4)The power under this section to include provision in a development order or a local development order may be exercised differently for different purposes.”
Commencement Information
I1S. 41 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2
I2S. 41 in force at 10.5.2006 for E. so far as not already in force by S.I. 2006/1061, art. 2(a)
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