Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Schedule 4 — Correction of errors in development consent decisions
162

Schedule 4
Section 119

Correction of errors in development consent decisions
Correction of errors
1     (1)
This paragraph applies if—
(a)
the decision-maker makes an order granting development consent,
5
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
10
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),
15
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
20
(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,
25
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
30
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
35
(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
40
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.

Planning Bill
Schedule 4 — Correction of errors in development consent decisions
163

     (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)).
5
Correction notice
2     (1)
If paragraph 1(5)(a) or (b) applies the appropriate authority must issue a
notice in writing (a “correction notice”) which—
(a)
specifies the correction of the error or omission, or
(b)
gives notice of the decision not to correct the error or omission.
10
      (2)
The appropriate authority must issue the correction notice as soon as
practicable after making the correction or deciding not to make the
correction.
      (3)
The appropriate authority must give the correction notice to—
(a)
the applicant,
15
(b)
each relevant local planning authority, and
(c)
if the correction was requested by any other person, that person.
      (4)
The Secretary of State may by order specify any other person or description
of person to whom a correction notice must be given.
Effect of a correction
20
3     (1)
If a correction is made in pursuance of paragraph 1—
(a)
the original decision and the decision document containing it
continue in force, and
(b)
the decision document is treated as corrected as specified in the
correction notice issued under paragraph 2 with effect from the date
25
the correction notice is issued, or, if the correction is required to be
made by order contained in a statutory instrument, the date specified
in the order.
      (2)
If a correction is not made—
(a)
the original decision continues to have full force and effect, and
30
(b)
nothing in this Schedule affects anything done in pursuance of or in
respect of the original decision.
      (3)
“The original decision” means the decision to—
(a)
make an order granting development consent, or
(b)
refuse development consent.
35
Interpretation
4
In this Schedule—
“applicant” means the person who made the application to which the
decision relates;
“appropriate authority” means—
40
(a)
the Commission where the decision-maker is a Panel or the
Council;

Planning Bill
Schedule 5 — Provision relating to, or to matters ancillary to, development
Part 1 — The matters
164

(b)
the Secretary of State where the decision-maker is the
Secretary of State;
“relevant local planning authority” means a local planning authority
for all or any part of the area in which the land to which the decision
relates is situated.
5
Schedule 5
Section 120

Provision relating to, or to matters ancillary to, development
Part 1
The matters
1
The acquisition of land, compulsorily or by agreement.
10
2
The creation, suspension or extinguishment of, or interference with,
interests in or rights over land (including rights of navigation over water),
compulsorily or by agreement.
3
The abrogation or modification of agreements relating to land.
4
Carrying out specified excavation, mining, quarrying or boring operations
15
in a specified area.
5
The operation of a generating station.
6
Keeping electric lines installed above ground.
7
The use of underground gas storage facilities.
8
The sale, exchange or appropriation of Green Belt land.
20
9
Freeing land from any restriction imposed on it by or under the Green Belt
(London and Home Counties) Act 1938 (c. xciii), or by a covenant or other
agreement entered into for the purposes of that Act.
10
The protection of the property or interests of any person.
11
The imposition or exclusion of obligations or liability in respect of acts or
25
omissions.
12
Carrying out surveys or taking soil samples.
13
Cutting down, uprooting, topping or lopping trees or shrubs or cutting back
their roots.
14
The removal, disposal or re-siting of apparatus.
30
15
Carrying out civil engineering or other works.
16
The diversion of navigable or non-navigable watercourses.
17
The stopping up or diversion of highways.
18
Charging tolls, fares and other charges.
19
The designation of a highway as a trunk road or special road.
35

Planning Bill
Schedule 5 — Provision relating to, or to matters ancillary to, development
Part 2 — Interpretation
165

20
The specification of the classes of traffic authorised to use a highway.
21
The appropriation of a highway for which the person proposing to construct
or improve a highway is the highway authority.
22
The transfer to the person proposing to construct or improve a highway of a
highway for which that person is not the highway authority.
5
23
The specification of the highway authority for a highway.
24
The operation and maintenance of a transport system.
25
Entering into an agreement for the provision of police services.
26
The discharge of water into inland waters or underground strata.
27
Deeming consent under section 34 of the Coast Protection Act 1949 (c. 74) to
10
have been given by the Secretary of State for operations specified in the
order and subject to such conditions as may be specified in the order.
28
Deeming any such conditions to have been imposed by the Secretary of State
under that section.
29
Deeming a licence under Part 2 of the Food and Environment Protection Act
15
1985 (c. 48) to have been issued by a specified licensing authority for
operations specified in the order and subject to such provisions as may be
specified in the order.
30
Deeming any such provisions to have been included in the licence by the
specified licensing authority by virtue of that Act.
20
31
The creation of a harbour authority.
32
Changing the powers and duties of a harbour authority.
33
The transfer of property, rights, liabilities, or functions.
34
The transfer, leasing, suspension, discontinuance and revival of
undertakings.
25
35
The payment of contributions.
36
The payment of compensation.
37
The submission of disputes to arbitration.
38
The alteration of borrowing limits.
Part 2
30
Interpretation
39    (1)
This paragraph applies for the purposes of this Schedule.
      (2)
“Transport system” means any of the following—
(a)
a railway,
(b)
a tramway,
35
(c)
a trolley vehicle system,
(d)
a system using a mode of guided transport prescribed by order
under section 2 of the Transport and Works Act 1992 (c. 42).

Planning Bill
Schedule 6 — Changes to, and revocation of, orders granting development consent
166

      (3)
“Maintenance”, in relation to a transport system, includes the inspection,
repair, adjustment, alteration, removal, reconstruction or replacement of the
system.
      (4)
The following terms have the meanings given by section 67(1)
(interpretation) of the Transport and Works Act 1992 (c. 42)—
5
“guided transport”,
“tramway”,
“trolley vehicle system”.
Schedule 6
Section 152

Changes to, and revocation of, orders granting development consent
10
Preliminary
1     (1)
This paragraph applies for the purposes of this Schedule.
      (2)
“The applicant”, in relation to a development consent order, means the
person who applied for the order.
      (3)
“A successor in title of the applicant” means a person who—
15
(a)
derives title to the land from the applicant (whether directly or
indirectly), and
(b)
has an interest in the land.
      (4)
“The appropriate authority” means—
(a)
in a case where a Panel or the Council made the order granting
20
development consent, the Commission;
(b)
in a case where the Secretary of State made the order, the Secretary
of State.
      (5)
“Development consent order” means an order granting development
consent.
25
      (6)
“The land”, in relation to a development consent order, means the land to
which the order relates or any part of that land.
Non-material changes
2     (1)
The appropriate authority may make a change to a development consent
order if it is satisfied that the change is not material.
30

This is subject to sub-paragraph (13).
      (2)
In deciding whether a change is material, the appropriate authority must
have regard to the effect of the change, together with any previous changes
made under this paragraph, on the development consent order as originally
made.
35
      (3)
The power conferred by sub-paragraph (1) includes power—
(a)
to impose new requirements in connection with the development for
which consent is granted by the development consent order;
(b)
to remove or alter existing requirements.

Planning Bill
Schedule 6 — Changes to, and revocation of, orders granting development consent
167

      (4)
The power conferred by sub-paragraph (1) may be exercised only on an
application made to the Commission 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
5
has effect.
      (5)
An application under sub-paragraph (4) must be made in the prescribed
form and manner.
      (6)
Sub-paragraph (7) applies in relation to an application under sub-paragraph
(4) made by or on behalf of a person with an interest in some, but not all, of
10
the land to which the development consent order relates.
      (7)
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.
      (8)
The appropriate authority must comply with such requirements as may be
prescribed as to consultation and publicity in relation to the exercise of the
15
power conferred by sub-paragraph (1).

This is subject to sub-paragraphs (9) to (11).
      (9)
If the development consent order was required to be contained in a statutory
instrument, the power conferred by sub-paragraph (1) may be exercised
only by order contained in a statutory instrument.
20
     (10)
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.
     (11)
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
25
Parliaments.
     (12)
If a change is made to a development consent order under the power
conferred by sub-paragraph (1)—
(a)
the order continues in force,
(b)
the appropriate authority must give notice of the change to the order
30
to such persons as may be prescribed, and
(c)
the change to the order takes effect from the date on which the notice
is issued, or, if the change to the order is required to be made by
order contained in a statutory instrument, the date specified in the
order making the change.
35
     (13)
The power conferred by sub-paragraph (1) 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)).
40
Changes to, and revocation of, orders granting development consent
3     (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—
45

Planning Bill
Schedule 6 — Changes to, and revocation of, orders granting development consent
168

(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
5
(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,
10
(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—
15
(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
20
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
25
development consent order, there would be a contravention of
Community 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
30
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
Community law or any of the Convention rights, or
35
(b)
there are other exceptional circumstances that make it appropriate to
exercise the power.
      (8)
In this paragraph—
“Community law” means—
(a)
all the rights, powers, liabilities, obligations and restrictions
40
from time to time created or arising by or under the
Community Treaties, and
(b)
all the remedies and procedures from time to time provided
for by or under the Community Treaties;
“the Convention rights” has the same meaning as in the Human Rights
45
Act 1998 (c. 42).