SCHEDULES

SCHEDULE 4Correction of errors in development consent decisions

Section 119

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

b

the F4Secretary of State sends a statement in writing to the applicant which explains the error or omission and states that the F4Secretary 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 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;

  • F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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.