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The Town and Country Planning (Development Management Procedure) (England) Order 2010

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PART 8General

Directions

39.  Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.

Withdrawal of consent to use of electronic communications

40.  Where a person is no longer willing to accept the use of electronic communications for any purpose of this Order which is capable of being carried out electronically, that person shall give notice in writing—

(a)withdrawing any address notified to the Secretary of State or to a local planning authority for that purpose; or

(b)revoking any agreement entered into or deemed to have been entered into with the Secretary of State or with a local planning authority for that purpose,

and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than 7 days after the date on which the notice is given.

Revocations, transitional provisions and savings

41.—(1) The statutory instruments specified in the first column of the table in Schedule 9 are revoked, in so far as they apply to England, to the extent specified in the corresponding row of the third column of the table.

(2) In respect of any application for planning permission, consent, agreement or approval made before 6th April 2010—

(a)articles 33 (appeals) and 36 (register of applications) and Schedule 6 (notification where planning permission refused or granted subject to conditions) shall not apply; and

(b)articles 23 (appeals) and 25 (register of applications) of, and Part 2 of Schedule 1 (notification to be sent to applicant on refusal of planning permission or on the grant of permission subject to conditions) to, the Town and Country Planning (General Development Procedure) Order 1995(1) shall apply as those provisions applied immediately prior to 6th April 2010.

(3) In respect of any application for planning permission made before 1st October 2010—

(a)article 13 (publicity for applications for planning permission) shall not apply; and

(b)article 8 of the Town and Country Planning (General Development Procedure) Order 1995 (publicity for applications for planning permission)(2) shall apply as that provision applied immediately prior to 6th April 2010.

(1)

S.I. 1995/419; relevant amendments were made by S.I. 2002/828, 2003/956, 2004/3340, 2005/2087, 2006/1062, 2006/1282 and 2009/453.

(2)

Relevant amendments were made to article 8 by S.I. 1999/293, 2006/1062 and 2006/1282.

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