SCHEDULES
SCHEDULE 6Changes to, and revocation of, orders granting development consent
Changes to, and revocation of, orders granting development consent
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1
The appropriate authority may by order make a change to, or revoke, a development consent order.
2
The power conferred by sub-paragraph (1) may be exercised only in accordance with—
a
the following provisions of this paragraph, and
b
paragraphs 4 and 5.
3
The power may be exercised without an application being made if the appropriate authority is satisfied that—
a
the development consent order contains a significant error, and
b
it would not be appropriate for the error to be corrected by means of the power conferred by paragraph 1 of Schedule 4 or paragraph 2 of this Schedule.
4
The power may be exercised on an application made by or on behalf of—
a
the applicant or a successor in title of the applicant,
b
a person with an interest in the land, or
c
any other person for whose benefit the development consent order has effect.
5
The power may be exercised on an application made by a local planning authority if the appropriate authority is satisfied that—
a
the development consent order grants development consent for development on land all or part of which is in the local planning authority's area,
b
the development has begun but has been abandoned, and
c
the amenity of other land in the local planning authority's area or an adjoining area is adversely affected by the condition of the land.
6
Where the appropriate authority is the Commission, the power may be exercised on an application made by the Secretary of State if the Commission is satisfied that—
a
if the development were carried out in accordance with the development consent order, there would be a contravention of F1EU law or any of the Convention rights, or
b
there are other exceptional circumstances that make it appropriate to exercise the power.
7
Where the appropriate authority is the Secretary of State, the power may be exercised without an application being made if the Secretary of State is satisfied that—
a
if the development were carried out in accordance with the development consent order, there would be a contravention of F1EU law or any of the Convention rights, or
b
there are other exceptional circumstances that make it appropriate to exercise the power.
8
In this paragraph—
“F1EU law” means—
“the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42).