Planning Act 2008

Correction of errors

1 (1) This paragraph applies if—

(a) the decision-maker 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 appropriate authority 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 appropriate authority receives a written request to correct the error or omission from any person, or

(b) the appropriate authority sends a statement in writing to the applicant which explains the error or omission and states that the appropriate authority 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 appropriate authority 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.

(9) If the instrument containing the order is made by the Commission, the Statutory Instruments Act 1946 (c. 36) applies in relation to the instrument as if it had been made by a Minister of the Crown.

(10) As soon as practicable after the instrument is made, the appropriate authority 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 any of paragraphs 27 to 30 of Schedule 5 (deemed consent under Coast Protection Act 1949 (c. 74) and deemed licences under Food and Environment Protection Act 1985 (c. 48)).