SCHEDULE 3 continued

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Growth and Infrastructure BillPage 40

the relevant date found under sub-paragraph (1) below in relation
to the site.”

(3) In sub-paragraph (1), for ““review date”” substitute ““relevant date””.

(4) In sub-paragraph (2)—

(a) omit the “and” at the end of paragraph (a), and

(b) 5at the end of paragraph (b) insert “, and

“(c) paragraph 4(A1) were omitted.”

Section 13

SCHEDULE 4 New Schedule 1A to the Commons Act 2006

In the Commons Act 2006, after Schedule 1 insert—

Section 15C

“ Schedule 1A 10Exclusion of right under section 15

Growth and Infrastructure BillPage 41

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Trigger events Terminating events
1. An application for planning
permission in relation to the
15land which would be
determined under section 70 of
the 1990 Act is first publicised
in accordance with
requirements imposed by a
20development order by virtue of
section 65(1) of that Act.
(a)

The application is
withdrawn.

(b)

A decision to decline to
25determine the application
is made under section 70A
of the 1990 Act.

(c)

In circumstances where
planning permission is
30refused, all means of
challenging the refusal in
legal proceedings in the
United Kingdom are
exhausted and the decision
35is upheld.

(d)

In circumstances where
planning permission is
granted, the period within
which the development to
40which the permission
relates must be begun
expires without the
development having been
begun.
2. An application for planning
permission made in relation to
the land under section 293A of
the 1990 Act is first publicised
5in accordance with subsection
(8) of that section.
(a)

The application is
withdrawn.

(b)

In circumstances where
10planning permission is
refused, all means of
challenging the refusal in
legal proceedings in the
United Kingdom are
15exhausted and the decision
is upheld.

(c)

In circumstances where
planning permission is
granted, the period within
20which the development to
which the permission
relates must be begun
expires without the
development having been
25begun.
3. A draft of a development
plan document which
identifies the land for potential
development is published for
30consultation in accordance
with regulations under section
17(7) of the 2004 Act.
(a)

The document is
withdrawn under section
3522(1) of that Act.

(b)

The document is adopted
under section 23(2) or (3) of
that Act (but see paragraph
4 of this Table).
404. A development plan
document which identifies the
land for potential development
is adopted under section 23(2)
or (3) of the 2004 Act.
(a)

45The document is revoked
under section 25 of the 2004
Act.

(b)

A policy contained in the
document which relates to
50the development of the
land in question is
superseded by another
policy by virtue of section
38(5) of that Act.
555. A draft of a neighbourhood
development plan which
identifies the land for potential
development is published for
consultation in accordance
60with regulations under section
38A(7) of the 2004 Act.
(a)

The document is
withdrawn under
paragraph 2(1) of Schedule
654B to the 1990 Act (as it
applies by virtue of section
38A(3) of that Act).

(b)

The plan is made under
section 38A of that Act (but
70see paragraph 6 of this
Table).
6. A neighbourhood
development plan which
identifies the land for potential
development is made under
5section 38A of the 2004 Act.
(a)

The plan ceases to have
effect.

(b)

The plan is revoked under
section 61M of the 1990 Act
10(as it applies by virtue of
section 38C(2) of the 2004
Act).

(c)

A policy contained in the
plan which relates to the
15development of the land in
question is superseded by
another policy by virtue of
section 38(5) of that Act.
7. A development plan for the
20purposes of section 27 or 54 of
the 1990 Act, or anything
treated as contained in such a
plan by virtue of Schedule 8 to
the 2004 Act, continues to have
25effect (by virtue of that
Schedule) on the
commencement of section 13 of
the Growth and Infrastructure
Act 2013 and identifies the land
30for potential development.		 The plan ceases to have effect by
virtue of paragraph 1 of Schedule 8
to the 2004 Act.
8. A proposed application for
35an order granting development
consent under section 114 of
the 2008 Act in relation to the
land is first publicised in
accordance with section 48 of
40that Act.
(a)

The period of two years
beginning with the day of
publication expires.

(b)

The application is
45publicised under section
56(7) of the 2008 Act (but
see paragraph 9 of this
Table).
9. An application for such an
order in relation to the land is
first publicised in accordance
with section 56(7) of the 2008
5Act.
(a)

The application is
withdrawn.

(b)

In circumstances where the
application is refused, all
10means of challenging the
refusal in legal proceedings
in the United Kingdom are
exhausted and the decision
is upheld.

(c)

15In circumstances where an
order granting
development consent in
relation to the land is made,
the period within which the
20development to which the
consent relates must be
begun expires without the
development having been
begun.

25Interpretation

In this Schedule—

Notes

1 For the purposes of this Schedule, all means of challenging a
decision in legal proceedings in the United Kingdom are to be
35treated as exhausted and the decision is to be treated as upheld if,
at any stage in the proceedings, the time normally allowed for the
making of an appeal or further appeal or the taking of any other
step to challenge the decision expires without the appeal having
been made or (as the case may be) the other step having been
40taken.

2 Paragraph 7 of the first column of the Table does not apply in
relation to a part of a development plan for the purposes of section
27 or 54 of the 1990 Act which consists of—

a (a) Part 1 of a unitary development plan or alterations to such
45a Part, or

(b) a structure plan or alterations to such a plan.”

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