SCHEDULES
SCHEDULE 4Correction of errors in development consent decisions
Correction of errors
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1
This paragraph applies if—
a
the F2Secretary of State makes an order granting development consent, or refuses development consent, and
b
the decision document contains a correctable error.
2
The decision document is—
a
in the case of an order granting development consent, the order;
b
in the case of a refusal of development consent, the document recording the refusal.
3
A correctable error is an error or omission which—
a
is in a part of the decision document which records the decision, and
b
is not part of the statement of reasons for the decision.
4
The F3Secretary of State may correct the error or omission if (but only if) the conditions in sub-paragraphs (5) and (7) are met.
This is subject to sub-paragraph (11).
5
The condition is that, before the end of the relevant period—
a
the F4Secretary of State receives a written request to correct the error or omission from any person, or
6
The relevant period is—
a
if the decision document is an order granting development consent, the period specified in section 118(1)(b);
b
if the decision document is the document recording a refusal of development consent, the period specified in section 118(2)(b).
7
The condition is that the F5Secretary of State informs each relevant local planning authority that the request mentioned in sub-paragraph (5)(a) has been received or the statement mentioned in sub-paragraph (5)(b) has been sent (as the case may be).
8
If—
a
the decision document is an order granting development consent, and
b
the order was required to be contained in a statutory instrument,
the power conferred by sub-paragraph (4) may be exercised only by order contained in a statutory instrument.
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10
As soon as practicable after the instrument F6containing the order is made, the Secretary of State must deposit a copy of it in the office of the Clerk of the Parliaments.
11
The power conferred by sub-paragraph (4) may not be exercised in relation to provision included in an order granting development consent by virtue of F1paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009).
Correction notice
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1
If paragraph 1(5)(a) or (b) applies the F8Secretary of State must issue a notice in writing (a “correction notice”) which—
a
specifies the correction of the error or omission, or
b
gives notice of the decision not to correct the error or omission.
2
The F8Secretary of State must issue the correction notice as soon as practicable after making the correction or deciding not to make the correction.
3
The F8Secretary of State must give the correction notice to—
a
the applicant,
b
each relevant local planning authority, and
c
if the correction was requested by any other person, that person.
4
The Secretary of State may F9give the correction notice to persons other than those to whom sub-paragraph (3) requires it to be given.
Effect of a correction
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1
If a correction is made in pursuance of paragraph 1—
a
the original decision and the decision document containing it continue in force, and
b
the decision document is treated as corrected as specified in the correction notice issued under paragraph 2 with effect from the date the correction notice is issued, or, if the correction is required to be made by order contained in a statutory instrument, the date specified in the order.
2
If a correction is not made—
a
the original decision continues to have full force and effect, and
b
nothing in this Schedule affects anything done in pursuance of or in respect of the original decision.
3
“The original decision” means the decision to—
a
make an order granting development consent, or
b
refuse development consent.
Interpretation
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In this Schedule—
“the applicant” means the person who made the application to which the decision relates;
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“a relevant local planning authority” means a local planning authority for all or any part of the area in which the land to which the decision relates is situated.