Planning Act 2008

Commentary

Schedule 6, Paragraphs 4 and 5: Changes to, and revocation of, orders: supplementary

254.Paragraph 4 provides that an application for a change to, or revocation of, a development consent order under paragraph 3 must be made in the prescribed form and manner and be accompanied by information of a prescribed description. The Secretary of State may prescribe procedures about how such an application must be made, the decision-making process for such an application, and the effect of a decision to exercise that power. If an order granting development consent is changed or revoked, the appropriate authority must give notice of this to prescribed persons.

255.Paragraph 5 specifies that with the exception of changes to the requirements imposed by an order granting development consent, amendment under paragraph 3 of an order (short of revocation) may not be made more than 4 years after the relevant development was substantially completed. This is the same time limit that applies in respect of enforcement proceedings (see section 162). Paragraph 5(4) lists some of the things that the power under paragraph 3 to change or revoke orders can be used to do, for example, require the removal or alteration of buildings or existing requirements. Paragraph 5(5) makes clear that existing building or other operations, which have already been carried out are not affected, unless they are the subject of the change or revocation.