Changes to, and revocation of, orders: supplementaryE+W+S
4(1)An application under paragraph 3 must be—E+W+S
(a)made in the prescribed form and manner, and
(b)accompanied by information of a prescribed description.
(2)Sub-paragraph (3) applies in relation to an application under paragraph 3(4) made by or on behalf of a person with an interest in some, but not all, of the land to which the development consent order relates.
(3)The application may be made only in respect of so much of the order as affects the land in which the person has an interest.
(4)The Secretary of State may by regulations make provision about—
(a)the procedure to be followed before an application under paragraph 3 is made;
(b)the making of such an application;
(c)the decision-making process in relation to the exercise of the power conferred by paragraph 3(1);
(d)the making of the decision as to whether to exercise that power;
(e)the effect of a decision to exercise that power.
(5)Paragraphs (c) to (e) of sub-paragraph (4) apply in relation to the exercise of the power conferred by paragraph 3(1)—
(a)on an application under paragraph 3, or
(b)on the initiative of the [F1Secretary of State] under paragraph 3(3) or (7).
[F2(5A)The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion.]
(6)If a development consent order is changed or revoked in the exercise of the power conferred by paragraph 3(1), the [F1Secretary of State] must give notice of the change or revocation to such persons as may be prescribed.
(7)If a development consent order was required to be contained in a statutory instrument, an order changing or revoking the development consent order made in the exercise of the power conferred by paragraph 3(1) must also be contained in a statutory instrument.
F3(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)As soon as practicable after the instrument [F4containing the order] is made, the [F1Secretary of State] must deposit a copy of it in the office of the Clerk of the Parliaments.
Textual Amendments
F1Words in Sch. 6 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(3); S.I. 2012/628, art. 7(a)
F2Sch. 6 para. 4(5A) inserted (12.2.2015 for specified purposes, 14.7.2015 in so far as not already in force) by Infrastructure Act 2015 (c. 7), ss. 28(4), 57(5)(b); S.I. 2015/758, reg. 3 (with reg. 4(3))
F3Sch. 6 para. 4(8) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(10), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
F4Words in Sch. 6 para. 4(9) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(11); S.I. 2012/628, art. 7(a)
Commencement Information
I1Sch. 6 para. 4 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)
5(1)This paragraph applies in relation to the power conferred by paragraph 3(1) to make a change to, or revoke, a development consent order.E+W+S
(2)The power may not be exercised after the end of the period of 4 years beginning with the date on which the relevant development was substantially completed.
(3)Sub-paragraph (2) does not prevent the exercise of the power—
(a)in relation to requirements imposed by the development consent order in connection with the relevant development, or
(b)to revoke the development consent order.
(4)The power includes power—
(a)to require the removal or alteration of buildings or works;
(b)to require the discontinuance of a use of land;
(c)to impose specified requirements in connection with the continuance of a use of land;
(d)to impose new requirements in connection with the relevant development;
(e)to remove or alter existing requirements.
(5)Subject to sub-paragraph (4)(a), the exercise of the power does not affect any building or other operations carried out in pursuance of the development consent order before the power is exercised.
(6)The power may not be exercised in relation to provision included in an order granting development consent by virtue of [F5paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). ]
(7)“The relevant development” is the development for which consent is granted by the development consent order.
Textual Amendments
F5Words in Sch. 6 para. 5(6) substituted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(6)(b) (with s. 111); S.I. 2011/556, art. 3(2)(a)
Commencement Information
I2Sch. 6 para. 5 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)