90B Condition relating to development progress reports in England
(1) This section applies where relevant planning permission is granted for relevant residential development in England.
(2) The relevant planning permission must be granted subject to a condition that a development progress report must be provided to the local planning authority in whose area the development is to be carried out for each reporting period.
(3) The first reporting period in relation to the development is to be a period—
(a) beginning at a prescribed time or by reference to a prescribed event, and
(b) during which the development is begun.
(4) A new reporting period is to begin immediately after the end of a reporting period which is not the last reporting period.
(5) A reporting period which is not the last reporting period is to be a period of 12 months.
(6) The last reporting period is to be a period ending with the day on which the development is completed (subject to any provision made under subsection (9)).
(7) A “development progress report”, in relation to relevant residential development, means a report which sets out—
(a) the progress that has been made, and that remains to be made, towards completing the dwellings the creation of which the development is to involve, as at the end of the reporting period to which the report relates,
(b) the progress which is predicted to be made towards completing those dwellings over each subsequent reporting period up to and including the last reporting period, and
(c) such other information as may be prescribed in regulations under subsection (9).
(8) If relevant planning permission is granted without the condition required by subsection (2), it is to be treated as having been granted subject to that condition.
(9) The Secretary of State may by regulations make provision—
(a) about the form and content of development progress reports;
(b) about when and how development progress reports are to be provided to local planning authorities;
(c) about who may or must provide development progress reports to local planning authorities;
(d) about the provision of development progress reports and other information to local planning authorities where there is a change in circumstances in connection with relevant residential development, such as (for example) where the development is no longer intended to be completed in accordance with—
(i) the relevant planning permission;
(ii) a previous development progress report;
(iii) any timescales specified in a commencement notice given under section 93G;
(e) about when a condition under subsection (2) is to be treated as being discharged;
(f) about when relevant residential development is to be treated as being completed for the purposes of this section.
(10) In this section—
“relevant planning permission” means planning permission other than—
planning permission granted by a development order;
planning permission granted for development carried out before the grant of that permission;
planning permission granted for a limited period;
planning permission granted by an enterprise zone scheme;
planning permission granted by a simplified planning zone scheme;
“relevant residential development” means development which—
involves the creation of one or more dwellings, and
is of a prescribed description.
91 General condition limiting duration of planning permission.
(1) Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—
(a) the applicable period, beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or
(b) such other period (whether longer or shorter) beginning with that date as the authority concerned with the terms of planning permission may direct.
(2) The period mentioned in subsection (1)(b) shall be a period which the authority consider appropriate having regard to the provisions of the development plan and to any other material considerations.
(3) If planning permission is granted without the condition required by subsection (1), it shall (subject to subsections (3ZA) and (3ZB)) be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of the applicable period, beginning with the date of the grant.
(3ZA) Subsection (3ZB) applies if—
(a) a section 73 permission is granted for the development of land in Wales, but without the condition required by subsection (1), and
(b) the previous permission was granted, or deemed to have been granted (whether by virtue of this section or otherwise) subject to a condition as to the time within which development was to be begun.
(3ZB) The section 73 permission shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the date on or before which the previous permission required development to be begun.
(3ZC) The previous permission, in relation to a section 73 permission, is the previous planning permission referred to in section 73(1).
(3ZD) References in subsections (3ZA) to (3ZC) to a section 73 permission are to a planning permission granted under section 73.
(3A) In subsections (3B) to (3BB)—
“implementation period” means the period before the end of which a development to which a planning permission relates must be begun (see subsections (1) and (3));
“relevant proceedings” means proceedings to challenge the validity, in respect of the development of land in England, of a grant of planning permission or of a deemed grant of planning permission.
(3B) If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.
(3BA) If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.
(3BB) If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.
(3BC) Any extension of a period under subsection (3B), (3BA) or (3BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).
(3BD) Any extension of a period under subsection (3BA) is to run consecutively to the previous extension of the period under subsection (3B) (if they would otherwise overlap).
(3BE) Any extension of a period under subsection (3BB) is to run consecutively to the previous extension of the period under subsection (3B) and any previous extension of the period under subsection (3BA) (if they would otherwise overlap).
(3BF) The references in subsections (3BA) and (3BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).
(3C) Nothing in this section prevents the development being begun from the time the permission is granted or deemed to be granted.
(4) Nothing in this section applies—
(a) to any planning permission granted by a development order , a local development order or a neighbourhood development order;
(b) to any planning permission granted for development carried out before the grant of that permission;
(c) to any planning permission granted for a limited period;
(d) to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—
(i) the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or
(ii) the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;
(e) to any planning permission granted by an enterprise zone scheme;
(f) to any planning permission granted by a simplified planning zone scheme; or
(g) to any outline planning permission, as defined by section 92.
(5) The applicable period—
(a) in relation to England, is three years;
(b) in relation to Wales, is five years.
(1) In this section and section 91 “outline planning permission” means planning permission granted, in accordance with the provisions of a development order, with the reservation for subsequent approval by the local planning authority, the Welsh Ministers or the Secretary of State of matters not particularised in the application (“reserved matters”).
(2) Subject to the following provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the effect—
(a) that, in the case of any reserved matter, application for approval must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission; and
(b) that, in the case of outline planning permission for the development of land in England, the development to which the permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved;
(c) that, in the case of outline planning permission for the development of land in Wales, the development must be begun no later than—
(i) the expiration of five years from the date of the grant of outline planning permission, or
(ii) if later, the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.
(3) If outline planning permission is granted without the conditions required by subsection (2), it shall (subject to subsections (3A) to (3D)) be deemed to have been granted subject to those conditions.
(3A) If outline planning permission is granted under section 73 for the development of land in Wales, but without the condition required by subsection (2)(a), it shall be deemed to have been granted subject to the following condition.
(3B) The condition is that, in the case of any reserved matter, application for approval must be made not later than the date on or before which the previous permission required application for approval, in the case of any matter reserved under the previous permission, to be made.
(3C) If outline planning permission is granted under section 73 for the development of land in Wales, but without a condition required by subsection (2)(c), it shall be deemed to have been granted subject to the following condition.
(3D) The condition is that the development to which the permission relates must be begun not later than the date on or before which the previous permission required development to be begun.
(3E) The previous permission, in relation to outline planning permission granted under section 73, is the previous planning permission referred to in subsection (1) of that section.
(4) The authority concerned with the terms of an outline planning permission may, in applying subsection (2), substitute, or direct that there be substituted, for the periods ... referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.
(5) They may also specify, or direct that there be specified, separate periods under paragraph (a) of subsection (2) in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) or (c) of that subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.
(6) In considering whether to exercise their powers under subsections (4) and (5), the authority shall have regard to the provisions of the development plan and to any other material considerations.
92A Extension of outline planning permission etc in event of legal challenge
(1) This section applies where a person is given permission by a court to bring proceedings challenging the validity, in respect of the development of land in England, of—
(a) a grant (or deemed grant) of outline planning permission, or
(b) the approval of reserved matters under such a permission.
(2) Any reserved matters application period or implementation period that is running when the court gives permission to bring the proceedings is extended by one year.
(3) If a party to the proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by one year.
(4) If a party to the proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by two years.
(5) Any extension of a period under subsection (2), (3) or (4) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).
(6) Any extension of a period under subsection (3) is to run consecutively to the previous extension of the period under subsection (2) (if they would otherwise overlap).
(7) Any extension of a period under subsection (4) is to run consecutively to the previous extension of the period under subsection (2) and any previous extension of the period under subsection (3) (if they would otherwise overlap).
(8) For the purposes of subsections (2) to (4), an implementation period that is determined by reference to an approval of a reserved matter starts to run when the reserved matters application is made (and the reserved matters application period ceases to run at that point).
(9) Subsection (10) applies if a reserved matters application is made without taking advantage of an extension under this section.
(10) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of days by which the reserved matters application period is extended under this section.
(11) Subsection (12) applies if a reserved matters application period is extended (or further extended) under this section and the reserved matters application is made taking advantage of the extension but before the end of the period as extended.
(12) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of whole days remaining in the reserved matters application period (as extended) when the reserved matters application is made.
(13) In this section—
“implementation period”, in relation to a grant of outline planning permission, means the period before the end of which development to which the permission relates must be begun (see section 92(2)(b), (4) and (5));
“outline planning permission” has the same meaning as in section 92;
“reserved matters application” means an application for the approval of a reserved matter in pursuance of section 92;
“reserved matters application period”, in relation to a grant of outline planning permission, means the period before the end of which a reserved matters application relating to the permission is required to be made (see section 92(2)(a), (4) and (5)).
(14) In this section, references to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).
(1) The authority referred to in section 91(1)(b) or 92(4) is—
(a) the local planning authority, the Welsh Ministers or the Secretary of State, in the case of planning permission granted by them,
(b) in the case of planning permission deemed to be granted under section 90(1), the department on whose direction planning permission is deemed to be granted, and
(c) in the case of planning permission deemed to be granted under section 90(2), the Secretary of State.
(2) For the purposes of section 92, a reserved matter shall be treated as finally approved—
(a) when an application for approval is granted, or
(b) in a case where the application is made to the local planning authority and on an appeal to the Secretary of State against the authority’s decision on the application the Secretary of State grants the approval, when the appeal is determined.
(3) Where a local planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of section 91 or 92 to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 78 against the decision of the authority.
(4) In the case of planning permission (whether outline or other) which has conditions attached to it by or under section 91 or 92—
(a) development carried out after the date by which the conditions require it to be carried out shall be treated as not authorised by the permission; and
(b) an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.
(1) This section applies where—
(a) planning permission has been granted under section 70 or 73 for the development of any land in England, and
(b) the development is of a prescribed description.
(2) Before the development is begun, the person proposing to carry it out must give a notice (a “commencement notice”) to the local planning authority specifying the date on which the person expects the development to be begun.
(3) Once a person has given a commencement notice, the person—
(a) may give a further commencement notice substituting a new date for the date previously given, and
(b) must do so if the development is not commenced on the date previously given.
(4) A commencement notice must—
(a) include such information as may be prescribed, and
(b) be in such form and be given in such manner as may be prescribed.
(5) Where it appears to the local planning authority that a person has failed to comply with the requirements of subsection (2) or (3)(b), they may serve a notice on any relevant person requiring the relevant person to give the authority such of the information prescribed under subsection (4)(a) as the notice may specify.
(6) In subsection (5) “relevant person” means—
(a) the person to whom the requirements of subsection (2) or (3)(b) applied, and
(b) any person who is the owner or occupier of the land to which the planning permission relates or who has any other interest in that land.
(7) A person on whom a notice under subsection (5) is served is guilty of an offence if they fail to give the information required by the notice within the period of 21 days beginning with the day on which it was served.
(8) It is a defence for a person charged with an offence under subsection (7) to prove that they had a reasonable excuse for failing to provide the information required.
(9) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10) When granting planning permission under section 70 or 73 for the development of any land in England, a local planning authority must by notice inform the applicant of—
(a) the requirements of subsections (2) and (3)(b), and
(b) the consequences of non-compliance with those requirements.
(1) This section applies where—
(a) a planning permission relating to land in England is by virtue of section 91 or 92 subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has been begun within that period but has not been completed,
(b) development has begun in accordance with a simplified planning zone scheme in England but has not been completed by the time the area ceases to be a simplified planning zone,
(c) development has begun in accordance with planning permission under an enterprise zone scheme in England but has not been completed by the time the area ceases to be an enterprise zone,
(d) a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed, or
(e) a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed.
(2) If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (a “completion notice”) stating that the planning permission will cease to have effect at a specified time (the “completion notice deadline”).
(3) The completion notice deadline must be—
(a) at least 12 months after the completion notice was served, and
(b) if the notice was served in a case within subsection (1)(a) or (d) before the end of the period referred to in that provision, at least 12 months after the end of that period.
(4) A completion notice must include—
(a) prescribed information in relation to the right of appeal against the notice, and
(b) any other prescribed information.
(5) A completion notice must be served on—
(a) the owner of the land,
(b) if different, the occupier of the land, and
(c) a person not falling within paragraph (a) or (b) with an interest in the land, being an interest which, in the opinion of the local planning authority, is materially affected by the notice.
(6) The local planning authority may withdraw a completion notice at any time before the completion notice deadline.
(7) If they do so they must immediately give notice of the withdrawal to every person who was served with the completion notice.
(8) If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in England, the Secretary of State may, after consulting the local planning authority, serve such a notice.
(1) Where a completion notice is served by a local planning authority under section 93H, any of the following may appeal to the Secretary of State against it (whether or not the notice was served on them)—
(a) the owner of the land,
(b) a person not within paragraph (a) with an interest in the land, and
(c) a person who occupies the land by virtue of a licence.
(2) An appeal may be brought on any of the following grounds—
(a) that the appellant considers that the development will be completed within a reasonable period;
(b) that the completion notice deadline is an unreasonable one;
(c) that the notice was not served on the persons on whom it was required to be served under section 93H(5).
(3) The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under this section.
(4) The regulations may in particular include provision—
(a) as to the period within which an appeal must be brought;
(b) as to how an appeal is made;
(c) as to the information to be supplied by the appellant;
(d) as to how a local planning authority must respond to an appeal and the information to be supplied by the authority;
(e) for the purpose of securing that the appeal is brought to the attention of persons in the locality of the development.
(5) On an appeal under this section the Secretary of State may—
(a) quash the completion notice,
(b) vary the completion notice by substituting a later completion notice deadline, or
(c) uphold the notice with the original completion notice deadline.
(6) On an appeal under this section the Secretary of State may also correct any defect, error or misdescription in the completion notice if satisfied that the correction will not cause injustice to the appellant or the local planning authority.
(7) If, on an appeal made on the ground referred to in subsection (1)(c), the Secretary of State determines that the completion notice was not served on a person on whom it should have been served, the notice need not be quashed if it appears to the Secretary of State that neither that person nor the appellant has been substantially prejudiced by that fact.
(8) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) applies in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.
(1) The planning permission to which a completion notice relates becomes invalid at the completion notice deadline (whether as originally specified or substituted on appeal under section 93I).
(2) Where an appeal is brought under section 93H the completion notice is of no effect pending the final determination or withdrawal of the appeal.
(3) Subsection (1) does not affect any planning permission so far as relating to development carried out under it before the completion notice deadline.
94 Termination of planning permission by reference to time limit: completion notices in Wales.
(1) This section applies where—
(a) by virtue of section 91 or 92, a planning permission in relation to land in Wales is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed; or
(b) development has been begun in accordance with planning permission under a simplified planning zone scheme in Wales but has not been completed by the time the area ceases to be a simplified planning zone; or
(c) development has been begun in accordance with planning permission under an enterprise zone scheme in Wales but has not been completed by the time the area ceases to be an enterprise zone ; ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (“a completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice.
(3) The period so specified must not be less than 12 months after the notice takes effect.
(4) A completion notice shall be served—
(a) on the owner of the land,
(b) on the occupier of the land, and
(c) on any other person who in the opinion of the local planning authority will be affected by the notice.
(5) The local planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect.
(6) If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice.
(1) A completion notice served in respect of land in Wales shall not take effect unless and until it is confirmed by the Secretary of State.
(2) In confirming a completion notice the Secretary of State may substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.
(3) If, within such period as may be specified in a completion notice (which must not be less than 28 days from its service) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall give him and the local planning authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(4) If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 94(2) or a longer period substituted by the Secretary of State under subsection (2)).
(5) Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned.
96 Power of Secretary of State to serve completion notices in Wales.
(1) If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in Wales, he may himself serve such a notice.
(2) A completion notice served by the Secretary of State shall have the same effect as if it had been served by the local planning authority.
(3) The Secretary of State shall not serve such a notice without consulting the local planning authority.
96A Power to make non-material changes to planning permission or permission in principle
(1) A local planning authority ... may make a change to any planning permission, or any permission in principle (granted following an application to the authority), relating to land in their area if they are satisfied that the change is not material.
(2) In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission or permission in principle as originally granted.
(3) The power conferred by subsection (1) includes power to make a change to a planning permission —
(a) to impose new conditions;
(b) to remove or alter existing conditions.
(3A) The conditions referred to in subsection (3)(b) do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).
(3B) The conditions referred to in subsection (3)(b) do not include the condition under section 90B (condition relating to development progress reports in England).
(4) The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission or permission in principle relates.
(5) An application under subsection (4) to a local planning authority in England must be made in the form and manner prescribed by development order.
(5A) A development order may provide that an application under subsection (4) to a local planning authority in Wales must be made—
(a) in the form prescribed by the order or in a form published by the Welsh Ministers; and
(b) in the manner prescribed by the order.
(6) Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the planning permission or permission in principle relates.
(7) The application may be made only in respect of so much of the planning permission or permission in principle as affects the land in which the person has an interest.
(8) A local planning authority in England must comply with such requirements as may be prescribed by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).
(9) A development order may make provision about how a local planning authority in Wales are to deal with an application under subsection (4) (including provision imposing requirements as to consultation and publicity and as to when steps specified in the order are to be taken).
(10) For the purposes of this section as it applies in relation to Wales, a person has an interest in land only if in relation to that land (or any mineral in, on or under it) the person—
(a) is the estate owner of the fee simple;
(b) is entitled to a tenancy granted or extended for a term of years certain of which not less than two years remain unexpired;
(c) is the mortgagee of any interest or estate in the land; or
(d) is a party to an estate contract within the meaning of section 2(4) of the Land Charges Act 1972.
97 Power to revoke or modify planning permission or permission in principle.
(1) If it appears to the local planning authority that it is expedient to revoke or modify—
(a) any permission (including permission in principle) to develop land granted on an application made under this Part or, in relation to England, Part 13, or
(b) any permission in principle granted by a development order,
the authority may by order revoke or modify the permission to such extent as they consider expedient.
(2) In exercising their functions under subsection (1) the authority shall have regard to the development plan and to any other material considerations.
(3) The power conferred by this section may be exercised—
(a) in the case of planning permission that relates to the carrying out of building or other operations, at any time before those operations have been completed;
(b) in the case of planning permission that relates to a change of the use of any land, at any time before the change has taken place.
(4) The revocation or modification of planning permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.
(5) References in this section to the local planning authority are to be construed in relation to development consisting of the winning and working of minerals as references to the mineral planning authority, . . ..
(6) Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development—
(a) consisting of the winning and working of minerals; or
(b) involving the depositing of refuse or waste materials.
(7) Subsection (1) does not permit the revocation or modification of the condition under paragraph 13 of Schedule 7A (the biodiversity gain condition), subject as follows.
(8) The Secretary of State may by regulations make provision—
(a) for the condition under paragraph 13 of Schedule 7A to apply in relation to the modification of planning permission under this section, subject to such modifications as may be specified in the regulations;
(b) for planning permission modified under this section to be subject to other conditions relating to meeting the biodiversity gain objective referred to in paragraph 2 of Schedule 7A (including conditions of a kind referred to in paragraph 20(3) of that Schedule).
(9) Subsection (1) does not permit the revocation or modification of the condition under section 90B (condition relating to development progress reports in England).
(1) Except as provided in section 99, an order under section 97 shall not take effect unless it is confirmed by the Secretary of State.
(2) Where a local planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on—
(a) the owner of the land affected,
(b) the occupier of the land affected, and
(c) any other person who in their opinion will be affected by the order.
(3) The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(4) If within that period such a person so requires, before the Secretary of State confirms the order he shall give such an opportunity both to him and to the local planning authority.
(5) The period referred to in subsection (3) must not be less than 28 days from the service of the notice.
(6) The Secretary of State may confirm an order submitted to him under this section either without modification or subject to such modifications as he considers expedient.
(1) This section applies where—
(a) the local planning authority have made an order under section 97; and
(b) the owner and the occupier of the land and all persons who in the authority’s opinion will be affected by the order have notified the authority in writing that they do not object to it.
(2) Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify—
(a) the period within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and
(b) the period at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by the Secretary of State.
(3) The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(b).
(4) The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears.
(5) The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a).
(6) The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than three days after the publication.
(7) If—
(a) no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and
(b) the Secretary of State has not directed within that period that the order be submitted to him for confirmation,
the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 98(1).
(8) This section does not apply—
(a) to an order revoking or modifying a planning permission or permission in principle granted or deemed to have been granted by the Secretary of State or the Welsh Ministers under this Part or Part VII or by the Secretary of State under Part 13, or
(b) to an order modifying any conditions to which a planning permission is subject by virtue of section 91 or 92.
100 Revocation and modification of planning permission or permission in principle by the Secretary of State.
(1) If it appears to the Secretary of State that it is expedient that an order should be made under section 97, he may himself make such an order.
(2) Such an order which is made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.
(3) The Secretary of State shall not make such an order without consulting the local planning authority.
(4) Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.
(5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6) If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.
(7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 97 and its confirmation by the Secretary of State shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order and its making by him.
(8) Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.
100ZA Restrictions on power to impose planning conditions in England
(1) The Secretary of State may by regulations provide that—
(a) conditions of a prescribed description may not be imposed in any circumstances on a relevant grant of planning permission for the development of land in England,
(b) conditions of a prescribed description may be imposed on any such grant only in circumstances of a prescribed description, or
(c) no conditions may be imposed on any such grant in circumstances of a prescribed description.
(2) Regulations under subsection (1) may make provision only if (and in so far as) the Secretary of State is satisfied that the provision is appropriate for the purposes of ensuring that any condition imposed on a relevant grant of planning permission for the development of land in England is—
(a) necessary to make the development acceptable in planning terms,
(b) relevant to the development and to planning considerations generally,
(c) sufficiently precise to make it capable of being complied with and enforced, and
(d) reasonable in all other respects.
(3) Before making regulations under subsection (1) the Secretary of State must carry out a public consultation.
(4) Subsection (5) applies in relation to an application for a relevant grant of planning permission for the development of land in England.
(5) Planning permission for the development of the land may not be granted subject to a pre-commencement condition without the written agreement of the applicant to the terms of the condition.
(6) But the requirement under subsection (5) for the applicant to agree to the terms of a pre-commencement condition does not apply in such circumstances as may be prescribed.
(7) Before making regulations under subsection (6) the Secretary of State must carry out a public consultation.
(8) “Pre-commencement condition” means a condition imposed on a grant of planning permission (other than a grant of outline planning permission within the meaning of section 92) which must be complied with—
(a) before any building or other operation comprised in the development is begun, or
(b) where the development consists of a material change in the use of any buildings or other land, before the change of use is begun.
(9) A power conferred by any provision of this Part or Part 13 to impose a condition on a relevant grant of planning permission for the development of land in England is subject to—
(a) regulations under subsection (1), and
(b) subsection (5).
(10) The Secretary of State must issue guidance to local planning authorities about the operation of this section and regulations made under it.
(11) The Secretary of State may, from time to time, revise guidance issued under subsection (10).
(12) The Secretary of State must arrange for guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
(13) In this section—
(a) references to a relevant grant of planning permission are to any grant of permission to develop land which is granted on an application made under this Part or Part 13;
(b) references to a grant include the modification of any such grant;
(c) references to a condition include a limitation but do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition),
and “prescribed” means prescribed by the Secretary of State.
100A Wales: consultation etc in respect of certain applications relating to planning permission
(1) A development order may provide that a local planning authority in Wales to which an application within subsection (5) (a “relevant application”) is made are not to determine the application before the end of a period specified in the order.
(2) If a local planning authority in Wales to which a relevant application is made consult a statutory consultee about the application, the consultee must give a substantive response.
(3) That response must be given before the end of—
(a) a period specified in a development order, or
(b) if the consultee and the authority agree otherwise in writing, whatever period is specified in their agreement.
(4) A development order may make provision—
(a) about information that is to be provided by a local planning authority to a statutory consultee for the purposes of, or in connection with, consultation about a relevant application;
(b) about the requirements of a substantive response;
(c) requiring a statutory consultee consulted about a relevant application to give a report to the Welsh Ministers about the consultee's compliance with subsections (2) and (3) (including provision as to the form and content of the report, and the time at which it is to be made).
(5) An application is within this subsection if it is—
(a) an application for approval of reserved matters (within the meaning of section 92);
(b) an application for any other consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted;
(c) an application under section 96A(4) (non-material changes to planning permission).
(6) References in this section to a statutory consultee, in relation to a relevant application, are to a person whom, by virtue of section 71 or section 74, the local planning authority was required to consult before determining the original application.
(7) The original application, in relation to a relevant application, is—
(a) in the case of an application within subsection (5)(a) or (b), the application for the planning permission in accordance with which the application for approval, consent or agreement is made;
(b) in the case of an application within subsection (5)(c), the application for the planning permission to which the application under section 96A(4) relates.
101 Power to refer certain planning questions to Planning Inquiry Commission.
(1) The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2) in the circumstances mentioned in subsection (3).
(2) The matters that may be referred to a Planning Inquiry Commission are—
(a) an application for planning permission which the Secretary of State has under section 77 directed to be referred to him instead of being dealt with by a local planning authority;
(b) an appeal under section 78 (including that section as applied by or under any other provision of this Act);
(c) a proposal that a government department should give a direction under section 90(1) that planning permission shall be deemed to be granted for development by a local authority or National Park authority or by statutory undertakers which is required by any enactment to be authorised by that department;
(d) a proposal that development should be carried out by or on behalf of a government department.
(3) Any of those matters may be referred to any such commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds—
(a) that there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation of them cannot be made unless there is a special inquiry for the purpose;
(b) that the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.
(4) Part I of Schedule 8 shall have effect as respects the constitution of any such commission and its functions and procedure on references to it under this section, and the references in subsection (3) and in that Schedule to “the responsible Minister or Ministers” shall be construed in accordance with Part II of that Schedule.
(5) In relation to any matter affecting both England and Wales, the functions of the Secretary of State under subsection (1) shall be exercised by the Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales acting jointly.
102 Orders requiring discontinuance of use or alteration or removal of buildings or works.
(1) If, having regard to the development plan and to any other material considerations, it appears to a local planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)—
(a) that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land; or
(b) that any buildings or works should be altered or removed,
they may by order—
(i) require the discontinuance of that use, or
(ii) impose such conditions as may be specified in the order on the continuance of it, or
(iii) require such steps as may be so specified to be taken for the alteration or removal of the buildings or works,
as the case may be.
(2) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order.
(2A) Section 71ZA applies where planning permission is granted by an order under this section as if the references to the decision notice were to the order.
(3) Section 97 shall apply in relation to any planning permission granted by an order under this section as it applies in relation to planning permission granted by the local planning authority on an application made under this Part.
(4) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under section 103.
(5) Planning permission for such development may be granted so as to have effect from—
(a) the date on which the development was carried out; or
(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.
(6) Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the local planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.
(7) Subject to section 103(8), in the case of planning permission granted by an order under this section, the authority referred to in sections 91(1)(b) and 92(4) is the local planning authority making the order.
(8) The previous provisions of this section do not apply to the use of any land for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials except as provided in Schedule 9, and that Schedule shall have effect for the purpose of making provision as respects land which is or has been so used.
103 Confirmation by Secretary of State of s. 102 orders.
(1) An order under section 102 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.
(2) The power of the Secretary of State under this section to confirm an order subject to modifications includes power—
(a) to modify any provision of the order granting planning permission, as mentioned in subsections (2) to (5) of section 102;
(b) to include in the order any grant of planning permission which might have been included in the order as submitted to him.
(3) Where a local planning authority submit an order to the Secretary of State for his confirmation under this section, they shall serve notice—
(a) on the owner of the land affected,
(b) on the occupier of that land, and
(c) on any other person who in their opinion will be affected by the order.
(4) The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(5) If within that period such a person so requires, before the Secretary of State confirms the order, he shall give such an opportunity both to him and to the local planning authority.
(6) The period referred to in subsection (4) must not be less than 28 days from the service of the notice.
(7) Where an order under section 102 has been confirmed by the Secretary of State, the local planning authority shall serve a copy of the order on the owner and occupier of the land to which the order relates.
(8) Where the Secretary of State exercises his powers under subsection (2) in confirming an order granting planning permission, he is the authority referred to in sections 91(1)(b) and 92(4).
104 Power of the Secretary of State to make s. 102 orders.
(1) If it appears to the Secretary of State that it is expedient that an order should be made under section 102, he may himself make such an order.
(2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the local planning authority and confirmed by the Secretary of State.
(3) The Secretary of State shall not make such an order without consulting the local planning authority.
(4) Where the Secretary of State proposes to make such an order he shall serve notice on the local planning authority.
(5) The notice shall specify the period within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6) If within that period the authority so require, before the Secretary of State makes the order he shall give the authority such an opportunity.
(7) The period referred to in subsection (5) must not be less than 28 days from the date of the service of the notice.
(8) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the local planning authority of any order under section 102, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order, its making by him and the service of copies of it.
(1) Any person interested in land in the area of a local planning authority may, by agreement or otherwise, enter into an obligation (referred to in this section and sections 106A to 106C , Schedule 7A as “ a planning obligation ”), enforceable to the extent mentioned in subsection (3)—
(a) restricting the development or use of the land in any specified way;
(b) requiring specified operations or activities to be carried out in, on, under or over the land;
(c) requiring the land to be used in any specified way; or
(d) requiring a sum or sums to be paid to the authority (or, in a case where section 2E applies, to the Greater London Authority or, as the case may be, the mayoral combined authority or mayoral combined county authority) on a specified date or dates or periodically.
(1A) In the case of a development consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Planning Act 2008.
(1B) In the case of an infrastructure consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Infrastructure (Wales) Act 2024.
(2) A planning obligation may—
(a) be unconditional or subject to conditions;
(b) impose any restriction or requirement mentioned in subsection (1)(a) to (c) either indefinitely or for such period or periods as may be specified; and
(c) if it requires a sum or sums to be paid, require the payment of a specified amount or an amount determined in accordance with the instrument by which the obligation is entered into and, if it requires the payment of periodical sums, require them to be paid indefinitely or for a specified period.
(3) Subject to subsection (4) a planning obligation is enforceable by the authority identified in accordance with subsection (9)(d)—
(a) against the person entering into the obligation; and
(b) against any person deriving title from that person.
(4) The instrument by which a planning obligation is entered into may provide that a person shall not be bound by the obligation in respect of any period during which he no longer has an interest in the land.
(5) A restriction or requirement imposed under a planning obligation is enforceable by injunction.
(6) Without prejudice to subsection (5), if there is a breach of a requirement in a planning obligation to carry out any operations in, on, under or over the land to which the obligation relates, the authority by whom the obligation is enforceable may—
(a) enter the land and carry out the operations; and
(b) recover from the person or persons against whom the obligation is enforceable any expenses reasonably incurred by them in doing so.
(7) Before an authority exercise their power under subsection (6)(a) they shall give not less than twenty-one days’ notice of their intention to do so to any person against whom the planning obligation is enforceable.
(8) Any person who wilfully obstructs a person acting in the exercise of a power under subsection (6)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) A planning obligation may not be entered into except by an instrument executed as a deed which—
(a) states that the obligation is a planning obligation for the purposes of this section;
(aa) if the obligation is a development consent obligation, contains a statement to that effect;
(ab) if the obligation is an infrastructure consent obligation, contains a statement to that effect;
(b) identifies the land in which the person entering into the obligation is interested;
(c) identifies the person entering into the obligation and states what his interest in the land is; and
(d) identifies the local planning authority by whom the obligation is enforceable. and, in a case where section 2E applies, identifies the Mayor of London or, as the case may be, the mayor of a specified mayoral combined authority or specified mayoral combined county authority as an authority by whom the obligation is also enforceable
(10) A copy of any such instrument shall be given to the authority so identified local planning authority so identified and, in a case where section 2E applies, to the Mayor of London or, as the case may be, the mayor of a specified mayoral combined authority or specified mayoral combined county authority .
(11) A planning obligation shall be a local land charge and for the purposes of the Local Land Charges Act 1975 the authority by whom the obligation is enforceable shall be treated as the originating authority as respects such a charge.
(12) Regulations may provide for the charging on the land of—
(a) any sum or sums required to be paid under a planning obligation; and
(b) any expenses recoverable by a local planning authority or the Mayor of London , the Mayor of London or the mayor of a combined authority or combined county authority under subsection (6)(b),
and this section and sections 106A to 106BC shall have effect subject to any such regulations.
(13) In this section “ specified ” means specified in the instrument by which the planning obligation is entered into and in this section and section 106A “ land ” has the same meaning as in the Local Land Charges Act 1975.
(14) In this section and section 106A “ development consent obligation ” means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent.
(15) In this section and section 106A “infrastructure consent obligation means a planning obligation entered into in connection with an application (or a proposed application) for an infrastructure consent order.
106A Modification and discharge of planning obligations.
(1) A planning obligation may not be modified or discharged except—
(a) by agreement between the authority by whom the obligation is enforceable the appropriate authority (see subsection (11)) and the person or persons against whom the obligation is enforceable; or
(b) in accordance with —
(i) this section and section 106B , or
(ii) sections 106BA and 106BC.
(2) An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.
(3) A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to the local planning authority by whom the obligation is enforceable the appropriate authority for the obligation—
(a) to have effect subject to such modifications as may be specified in the application; or
(b) to be discharged.
(4) In subsection (3) “ the relevant period ” means—
(a) such period as may be prescribed; or
(b) if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.
(5) An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.
(6) Where an application is made to an authority under subsection (3), the authority may determine—
(a) that the planning obligation shall continue to have effect without modification;
(b) if the obligation no longer serves a useful purpose, that it shall be discharged; or
(c) if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.
(6A) Except in such cases as may be prescribed, the authority may not under subsection (6) discharge or modify the planning obligation if the authority considers that doing so would—
(a) prevent the biodiversity gain objective referred to in paragraph 2 of Schedule 7A from being met in relation to any development, or
(b) give rise to a significant risk of that objective not being met in relation to any development.
(7) The authority shall give notice of their determination to the applicant within such period as may be prescribed.
(8) Where an authority determine under this section that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.
(9) Regulations may make provision with respect to—
(a) the form and content of applications under subsection (3);
(b) the publication of notices of such applications;
(c) the procedures for considering any representations made with respect to such applications; and
(d) the notices to be given to applicants of determinations under subsection (6).
(10) Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.
(11) In this section “ the appropriate authority ” means—
(a) the Mayor of London or the mayor of a combined authority or combined county authority, in the case of any planning obligation enforceable by him;
(zaa) the Welsh Ministers, in the case of any infrastructure consent obligation;
(aa) the Secretary of State, in the case of any development consent obligation ...;
(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in the case of any other planning obligation, the local planning authority by whom it is enforceable.
(12) The Mayor of London or the mayor of a combined authority or combined county authority must consult the local planning authority before exercising any function under this section.
106B Appeals in relation to applications under section 106A.
(1) Where an authority— (other than the Secretary of State or the Welsh Ministers ...)
(a) fail to give notice as mentioned in section 106A(7); or
(b) determine under section 106A that a planning obligation shall continue to have effect without modification,
the applicant may appeal to the Secretary of State.
(2) For the purposes of an appeal under subsection (1)(a), it shall be assumed that the authority have determined that the planning obligation shall continue to have effect without modification.
(3) An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.
(4) Subsections (6) to (9) of section 106A apply in relation to appeals to the Secretary of State under this section as they apply in relation to applications to authorities under that section.
(5) Before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6) The determination of an appeal by the Secretary of State under this section shall be final.
(7) Schedule 6 applies to appeals under this section.
(8) In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.
106C Legal challenges relating to development consent obligations
(1) A court may entertain proceedings for questioning a failure by the Secretary of State ... to give notice as mentioned in section 106A(7) or 106BA(9) only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) or 106BA(9) ends.
(1A) If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with the day after the expiry of the period mentioned in that subsection that applies in the applicant's case.
(2) A court may entertain proceedings for questioning a determination by the Secretary of State ... that a planning obligation shall continue to have effect without modification only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7) or 106BA(9).
(3) A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section 106BA that a planning obligation shall be modified otherwise than in accordance with the application only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106BA(9).
106D Legal challenges relating to infrastructure consent obligations
(1) This section applies where an application has been made to the Welsh Ministers under section 106A.
(2) A court may entertain proceedings for questioning a failure by the Welsh Ministers to give notice as mentioned in section 106A(7) only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) ends.
(3) A court may entertain proceedings for questioning a determination by the Welsh Ministers that a planning obligation is to continue to have effect without modification only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7).
107 Compensation where planning permission or permission in principle revoked or modified.
(1) Subject to section 116, where planning permission or permission in principle is revoked or modified by an order under section 97(1)(a), then if, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that a person interested in the land or in minerals in, on or under it—
(a) has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or
(b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,
the local planning authority shall pay that person compensation in respect of that expenditure, loss or damage.
(2) For the purposes of subsection (1), any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory to it, shall be taken to be included in the expenditure incurred in carrying out that work.
(3) Subject to subsection (2), no compensation shall be paid under subsection (1) in respect—
(a) of any work carried out before the grant of the permission which is revoked or modified, or
(b) of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission (other than loss or damage consisting of depreciation of the value of an interest in land).
(4) In calculating for the purposes of subsection (1) the amount of any loss or damage that is attributable to the revocation or modification of planning permission and consists of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted —
(a) subject to the condition set out in Schedule 10, for any development of the land of a class specified in paragraph 1 of Schedule 3;
(b) for any development of a class specified in paragraph 2 of Schedule 3.
(4A) A development order may make provision for the payment of compensation, in such circumstances and subject to such conditions as may be prescribed in the order, where permission in principle is revoked or modified by an order under section 97(1)(b).
(5) In this Part any reference to an order under section 97 includes a reference to an order under the provisions of that section as applied by section 102(3) (or, subject to section 116, by paragraph 1(3) of Schedule 9).
108 Compensation for refusal or conditional grant of planning permission etc formerly granted by development order , local development order or neighbourhood development order.
(1) Where—
(a) planning permission granted by a development order , a local development order or a neighbourhood development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and
(b) on an application made under Part III or section 293A Parts 3 or 13 planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order,
section 107 shall apply as if the planning permission granted by the development order , the local development order or the neighbourhood development order—
(i) had been granted by the local planning authority under Part III or section 293A or by the Secretary of State or Welsh Ministers under Part 13; and
(ii) had been revoked or modified by an order under section 97.
(2) Where planning permission granted by a development order , a local development order or a neighbourhood development order is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation.
(2A) Where—
(a) planning permission granted by a development order for development in England of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or
(b) planning permission granted by a local development order for development in England is withdrawn by the issue of directions under powers conferred by the order,
this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.
(2B) Where—
(a) permission in principle granted by a development order is withdrawn by the revocation or amendment of the order, and
(b) on an application made under Part 3 or section 293A Parts 3 or 13 before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation, permission in principle is refused for development of a description that is the same as, or falls within, that to which the withdrawn permission in principle related,
section 107 shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 or section 293A or by the Secretary of State or Welsh Ministers under Part 13, and had been revoked or modified by an order under section 97.
(3) This section shall not apply in relation to planning permission, or permission in principle, for the development of operational land of statutory undertakers.
(3B) This section does not apply if—
(a) in the case of planning permission or permission in principle granted by a development order, the condition in subsection (3C) is met;
(b) in the case of planning permission granted by a local development order, the condition in subsection (3D) is met.
(c) in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.
(3C) The condition referred to in subsection (3B)(a) is that—
(a) the planning permission or permission in principle is granted for development in England of a prescribed description,
(b) the permission is withdrawn in the prescribed manner,
(c) notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and
(d) where the development order granted planning permission, either—
(i) the development authorised by the development order had not started before the notice was published, or
(ii) the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.
(3D) The condition referred to in subsection (3B)(b) is that—
(a) the planning permission is granted for development in England,
(b) the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order,
(c) notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and
(d) either—
(i) the development authorised by the local development order had not started before the notice was published, or
(ii) the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.
(3E) The condition referred to in subsection (3B)(c) is that—
(a) the planning permission is withdrawn by the revocation of the neighbourhood development order,
(b) notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and
(c) either—
(i) the development authorised by the neighbourhood development order had not begun before the notice was published, or
(ii) section 61L(7) applies in relation to the development.
(3F) This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.
(4) Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order or a local development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.
(5) Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order.
(6) In this section “prescribed” means prescribed by regulations made by the Secretary of State in relation to England and the Welsh Ministers in relation to Wales,