1(1)This paragraph applies if—E+W+S
(a)the [F1Secretary 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 [F2Secretary 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 [F3Secretary of State] receives a written request to correct the error or omission from any person, or
(b)the [F3Secretary of State] sends a statement in writing to the applicant which explains the error or omission and states that the [F3Secretary of State] is considering making the correction.
(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 [F4Secretary 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.
F5(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F7paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009).]
Textual Amendments
F1Words in Sch. 4 para. 1(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(2); S.I. 2012/628, art. 7(a)
F2Words in Sch. 4 para. 1(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(3); S.I. 2012/628, art. 7(a)
F3Words in Sch. 4 para. 1(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(3); S.I. 2012/628, art. 7(a)
F4Words in Sch. 4 para. 1(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(3); S.I. 2012/628, art. 7(a)
F5Sch. 4 para. 1(9) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
F6Words in Sch. 4 para. 1(10) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(5); S.I. 2012/628, art. 7(a)
F7Words in Sch. 4 para. 1(11) substituted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(4) (with s. 111); S.I. 2011/556, art. 3(2)(a)
Commencement Information
I1Sch. 4 para. 1 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)