Infrastructure Act 2015
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Change 1
28 Changes to, and revocation of, development consent orders
(1) Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent) is amended as follows. (2) In paragraph 2 (non-material changes to orders)— (a) in sub-paragraph (8) (duty for Secretary of State to comply with prescribed consultation and publicity requirements) after “Secretary of State” insert “ and the person who has made the application under sub-paragraph (4) ”, and (b) after that sub-paragraph insert— (8A) The power to make regulations under sub-paragraph (8) includes power to allow the Secretary of State or the person who has made the application under sub-paragraph (4) to exercise a discretion. (3) In paragraph 3 (changes to, and revocation of, orders) after sub-paragraph (5) insert— (5A) The Secretary of State may refuse to exercise the power on an application made under sub-paragraph (4) or (5) if, in particular, the Secretary of State considers that the development that would be authorised as a result of the change should properly be the subject of an application under section 37 for a development consent order. (4) In paragraph 4 (supplementary provisions about changes to, and revocation of, orders) after sub-paragraph (5) insert— (5A) The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion.
28 Changes to, and revocation of, development consent orders
(1) Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent) is amended as follows. (2) In paragraph 2 (non-material changes to orders)— (a) in sub-paragraph (8) (duty for Secretary of State to comply with prescribed consultation and publicity requirements) after “Secretary of State” insert “ and the person who has made the application under sub-paragraph (4) ”, and (b) after that sub-paragraph insert— (8A) The power to make regulations under sub-paragraph (8) includes power to allow the Secretary of State or the person who has made the application under sub-paragraph (4) to exercise a discretion. (3) In paragraph 3 (changes to, and revocation of, orders) after sub-paragraph (5) insert— (5A) The Secretary of State may refuse to exercise the power on an application made under sub-paragraph (4) or (5) if, in particular, the Secretary of State considers that the development that would be authorised as a result of the change should properly be the subject of an application under section 37 for a development consent order. (4) In paragraph 4 (supplementary provisions about changes to, and revocation of, orders) after sub-paragraph (5) insert— (5A) The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion.
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