Planning Act 2008

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 [F1 paragraph 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

F1 Words 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

I1 Sch. 6 para. 5 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)