Planning Act 2008

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—

(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

(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,

(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—

(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 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 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 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

(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 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 Act 1998 (c. 42).