Revocation of planning permission - Revision history

Designing Buildings at 06:53, 14 December 2020

2020-12-14T06:53:03Z

← Older revision		Revision as of 06:53, 14 December 2020
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	* The Commons Library briefing paper on the '[http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN00905#fullreport Revocation of planning permission]'.		* The Commons Library briefing paper on the '[http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN00905#fullreport Revocation of planning permission]'.

−	[[Category:Conservation]] [[Category:Planning_permission]]	+	[[Category:Conservation]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Policy]] [[Category:Planning_permission]]

Designing Buildings: moved Parliamentary briefing on revocation of planning permission to Revocation of planning permission

2017-06-30T11:18:02Z

moved Parliamentary briefing on revocation of planning permission to Revocation of planning permission

← Older revision

Revision as of 11:18, 30 June 2017

Designing Buildings at 11:16, 30 June 2017

2017-06-30T11:16:16Z

← Older revision		Revision as of 11:16, 30 June 2017
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	The Department of Environment also has powers, under section 72 of the 2011 Act to serve a revocation order itself. The right to compensation where a revocation order is made is set out in section 179 of the 2011 Act. It makes reference to the relevant provisions in the Land Development Values (Compensation) Act (Northern Ireland) 1965, as amended. The main provisions are in section 26 of the 1965 Act.		The Department of Environment also has powers, under section 72 of the 2011 Act to serve a revocation order itself. The right to compensation where a revocation order is made is set out in section 179 of the 2011 Act. It makes reference to the relevant provisions in the Land Development Values (Compensation) Act (Northern Ireland) 1965, as amended. The main provisions are in section 26 of the 1965 Act.

−	== ~~[http://www.designingbuildings.co.uk/wiki/Find_out_more~~ Find out more] ==	+	== Find out more ==

	-----		-----
−	=== Related articles on ~~[http://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki~~ Designing Buildings Wiki] ===	+	=== Related articles on Designing Buildings Wiki ===

	* Housing and Planning Bill 2015.		* Housing and Planning Bill 2015.

Designing Buildings at 11:15, 30 June 2017

2017-06-30T11:15:19Z

← Older revision		Revision as of 11:15, 30 June 2017
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−	This article ~~originally appeared~~ in the ~~[http://ihbconline.co~~.~~uk/newsachive/?p=13204 IHBC NewsBlogs]~~	+	This article describes the circumstances in which local authorities, the Secretary of State and devolved Government Ministers can revoke planning permission.

−	~~-----~~	+	Powers to revoke planning permission are very rarely used. Where they are used they are often uncontentious and unopposed. Since 2009, only 3 revocation orders issued under section 97 of the Town and Planning Act 1990 have been submitted to the Secretary of State for confirmation.
−	[http://ihbconline.co.uk/newsachive/?p=13204 [1]]The Commons Library has published a briefing paper on the '[http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN00905#fullreport Revocation of planning permission~~]', which covers the~~ rarely-used ~~procedure that occasionally allows planning permission to be revoked after it has been granted~~.	+
−		+
−	~~The Commons Library writes:~~	+
−		+
−	~~This briefing paper describes the circumstances in which local authorities~~, the ~~Secretary of State~~ and ~~devolved Government Ministers can revoke planning permission. Sections 1-4 apply~~ to ~~England and Wales. Section 5 sets out~~ the ~~law in Scotland and section 6 covers Northern Ireland. Section 7 provides examples~~ of ~~revocation across the UK countries~~.	+

	The laws in each of the UK countries are very similar to each other. They all allow councils to revoke or modify a planning consent 'to such extent as they consider expedient' with regard to the Development Plan and other material considerations. The powers can only be used before the development, or the change of use given permission for, is complete.		The laws in each of the UK countries are very similar to each other. They all allow councils to revoke or modify a planning consent 'to such extent as they consider expedient' with regard to the Development Plan and other material considerations. The powers can only be used before the development, or the change of use given permission for, is complete.

−	~~In each country there is a liability for the~~ local authority to pay compensation for abortive expenditure and for any other loss or damage directly attributable to the revocation. If the revocation orders are opposed then they must be confirmed by either the Secretary of State in England and Wales, Scottish Ministers in Scotland or the Department of Environment in Northern Ireland.	+	The local authority is liable to pay compensation for abortive expenditure and for any other loss or damage directly attributable to the revocation. If the revocation orders are opposed then they must be confirmed by either the Secretary of State in England and Wales, Scottish Ministers in Scotland or the Department of Environment in Northern Ireland.

	In England and Wales, the power to revoke planning permission stems from section 97 of the Town and Country Planning Act 1990. The rules relating to compensation stem from section 107 of the 1990 Act. The Secretary of State also has the power revoke planning permission under section 100 of the 1990 Act.		In England and Wales, the power to revoke planning permission stems from section 97 of the Town and Country Planning Act 1990. The rules relating to compensation stem from section 107 of the 1990 Act. The Secretary of State also has the power revoke planning permission under section 100 of the 1990 Act.

−	If this is done the liability to pay compensation still falls on the local planning authority, as though it had made the revocation order. There is a right to challenge an order confirmed by the Secretary of State in the High Court, within six weeks of it being made.	+	If this is done the liability to pay compensation still falls on the local planning authority as though it had made the revocation order. There is a right to challenge an order confirmed by the Secretary of State in the High Court within six weeks of it being made.

−	The law in Scotland stems from section 65 of the Town and Country Planning (Scotland) Act 1997. Under section 66 of the 1997 Act, if the revocation order is opposed then it must be confirmed by Scottish Ministers. Scottish Ministers also have powers to make a revocation order if they consider it 'expedient' to do so. Compensation ~~for where~~ planning permission is revoked or modified is set out in section 76 of the 1997 Act.	+	The law in Scotland stems from section 65 of the Town and Country Planning (Scotland) Act 1997. Under section 66 of the 1997 Act, if the revocation order is opposed then it must be confirmed by Scottish Ministers. Scottish Ministers also have powers to make a revocation order if they consider it 'expedient' to do so. Compensation if planning permission is revoked or modified is set out in section 76 of the 1997 Act.

	In Northern Ireland, the law allowing a council to make a revocation order is contained in section 68 of the Planning Act (Northern Ireland) 2011.		In Northern Ireland, the law allowing a council to make a revocation order is contained in section 68 of the Planning Act (Northern Ireland) 2011.

	The Department of Environment also has powers, under section 72 of the 2011 Act to serve a revocation order itself. The right to compensation where a revocation order is made is set out in section 179 of the 2011 Act. It makes reference to the relevant provisions in the Land Development Values (Compensation) Act (Northern Ireland) 1965, as amended. The main provisions are in section 26 of the 1965 Act.		The Department of Environment also has powers, under section 72 of the 2011 Act to serve a revocation order itself. The right to compensation where a revocation order is made is set out in section 179 of the 2011 Act. It makes reference to the relevant provisions in the Land Development Values (Compensation) Act (Northern Ireland) 1965, as amended. The main provisions are in section 26 of the 1965 Act.
−
−	Powers to revoke planning permission are very rarely used. Where they are used they are often uncontentious and unopposed. Since 2009, only 3 revocation orders issued under section 97 of the Town and Planning Act 1990 have been submitted to the Secretary of State for confirmation.

	== [http://www.designingbuildings.co.uk/wiki/Find_out_more Find out more] ==		== [http://www.designingbuildings.co.uk/wiki/Find_out_more Find out more] ==
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	* Public project: planning permission.		* Public project: planning permission.

−	[~~[Category~~:~~Conservation]~~] [[Category:~~Publications_/_reports~~]] [[Category:Planning_permission~~]] [[Category:Policy]] [[Category:Regulations~~]]	+	=== External references ===
		+
		+	* The Commons Library briefing paper on the '[http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN00905#fullreport Revocation of planning permission]'.
		+
		+	[[Category:Conservation]] [[Category:Planning_permission]]

Editor at 11:03, 27 June 2017

2017-06-27T11:03:09Z

← Older revision		Revision as of 11:03, 27 June 2017
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	-----		-----
−	[http://ihbconline.co.uk/newsachive/?p=13204 ]The Commons Library has published a briefing paper on the '[http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN00905#fullreport Revocation of planning permission]', which covers the rarely-used procedure that occasionally allows planning permission to be revoked after it has been granted.	+	[http://ihbconline.co.uk/newsachive/?p=13204 [1]]The Commons Library has published a briefing paper on the '[http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN00905#fullreport Revocation of planning permission]', which covers the rarely-used procedure that occasionally allows planning permission to be revoked after it has been granted.

	The Commons Library writes:		The Commons Library writes:
Line 8:		Line 8:
	This briefing paper describes the circumstances in which local authorities, the Secretary of State and devolved Government Ministers can revoke planning permission. Sections 1-4 apply to England and Wales. Section 5 sets out the law in Scotland and section 6 covers Northern Ireland. Section 7 provides examples of revocation across the UK countries.		This briefing paper describes the circumstances in which local authorities, the Secretary of State and devolved Government Ministers can revoke planning permission. Sections 1-4 apply to England and Wales. Section 5 sets out the law in Scotland and section 6 covers Northern Ireland. Section 7 provides examples of revocation across the UK countries.

−	The laws in each of the UK countries are very similar to each other. They all allow councils to revoke or modify a planning consent ~~“to~~ such extent as they consider ~~expedient”~~ with regard to the Development Plan and other material considerations. The powers can only be used before the development, or the change of use given permission for, is complete. In each country there is a liability for the local authority to pay compensation for abortive expenditure and for any other loss or damage directly attributable to the revocation. If the revocation orders are opposed then they must be confirmed by either the Secretary of State in England and Wales, Scottish Ministers in Scotland or the Department of Environment in Northern Ireland.	+	The laws in each of the UK countries are very similar to each other. They all allow councils to revoke or modify a planning consent 'to such extent as they consider expedient' with regard to the Development Plan and other material considerations. The powers can only be used before the development, or the change of use given permission for, is complete.

−	In ~~England and Wales~~ the ~~power~~ to ~~revoke planning permission stems from section 97 of the Town~~ and ~~Country Planning Act 1990. The rules relating~~ to ~~compensation stem from section 107 of~~ the ~~1990 Act. The Secretary of State also has the power revoke planning permission under section 100 of the 1990 Act~~. If ~~this is done the liability to pay compensation still falls on the local planning authority, as though it had made~~ the revocation ~~order. There is a right to challenge an order~~ confirmed by the Secretary of State in the ~~High Court, within six weeks~~ of ~~it being made~~.	+	In each country there is a liability for the local authority to pay compensation for abortive expenditure and for any other loss or damage directly attributable to the revocation. If the revocation orders are opposed then they must be confirmed by either the Secretary of State in England and Wales, Scottish Ministers in Scotland or the Department of Environment in Northern Ireland.

−	~~The law in Scotland~~ stems from section 65 of the Town and Country Planning ~~(Scotland)~~ Act ~~1997~~. ~~Under~~ section 66 of the ~~1997~~ Act~~, if the revocation order is opposed then it must be confirmed by Scottish Ministers~~. ~~Scottish Ministers~~ also ~~have powers to make a revocation order if they consider it “expedient” to do so. Compensation for where~~ planning permission ~~is revoked or modified is set out in~~ section 76 of the ~~1997~~ Act.	+	In England and Wales, the power to revoke planning permission stems from section 97 of the Town and Country Planning Act 1990. The rules relating to compensation stem from section 107 of the 1990 Act. The Secretary of State also has the power revoke planning permission under section 100 of the 1990 Act.

−	~~In Northern Ireland~~ the ~~law allowing a council~~ to ~~make a revocation order is contained in section 68 of~~ the ~~Planning Act (Northern Ireland) 2011. The Department of Environment also has powers~~, ~~under section 72 of~~ the ~~2011 Act to serve a~~ revocation order ~~itself~~. ~~The~~ right to ~~compensation where a revocation~~ order ~~is made is set out in section 179~~ of ~~the 2011 Act. It makes reference to the relevant provisions~~ in the ~~Land Development Values (Compensation) Act (Northern Ireland) 1965~~, ~~as amended. The main provisions are in section 26~~ of ~~the 1965 Act~~.	+	If this is done the liability to pay compensation still falls on the local planning authority, as though it had made the revocation order. There is a right to challenge an order confirmed by the Secretary of State in the High Court, within six weeks of it being made.

−	Powers to revoke planning permission are very rarely used. Where they are used they are often uncontentious and unopposed. Since 2009 only 3 revocation orders issued under section 97 of the Town and Planning Act 1990 have been submitted to the Secretary of State for confirmation.	+	The law in Scotland stems from section 65 of the Town and Country Planning (Scotland) Act 1997. Under section 66 of the 1997 Act, if the revocation order is opposed then it must be confirmed by Scottish Ministers. Scottish Ministers also have powers to make a revocation order if they consider it 'expedient' to do so. Compensation for where planning permission is revoked or modified is set out in section 76 of the 1997 Act.
		+
		+	In Northern Ireland, the law allowing a council to make a revocation order is contained in section 68 of the Planning Act (Northern Ireland) 2011.
		+
		+	The Department of Environment also has powers, under section 72 of the 2011 Act to serve a revocation order itself. The right to compensation where a revocation order is made is set out in section 179 of the 2011 Act. It makes reference to the relevant provisions in the Land Development Values (Compensation) Act (Northern Ireland) 1965, as amended. The main provisions are in section 26 of the 1965 Act.
		+
		+	Powers to revoke planning permission are very rarely used. Where they are used they are often uncontentious and unopposed. Since 2009, only 3 revocation orders issued under section 97 of the Town and Planning Act 1990 have been submitted to the Secretary of State for confirmation.

	== [http://www.designingbuildings.co.uk/wiki/Find_out_more Find out more] ==		== [http://www.designingbuildings.co.uk/wiki/Find_out_more Find out more] ==
Line 23:		Line 29:
	=== Related articles on [http://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] ===		=== Related articles on [http://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] ===

		+	* Housing and Planning Bill 2015.
	* National planning policy framework.		* National planning policy framework.
	* Placemaking.		* Placemaking.
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	* Detailed planning application.		* Detailed planning application.
	* Public project: planning permission.		* Public project: planning permission.
−	* Housing and Planning Bill 2015

	[[Category:Conservation]] [[Category:Publications_/_reports]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Regulations]]		[[Category:Conservation]] [[Category:Publications_/_reports]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Regulations]]

Institute of Historic Building Conservation: Created page with "This article originally appeared in the [http://ihbconline.co.uk/newsachive/?p=13204 IHBC NewsBlogs] ----- [http://ihbconline.co.uk/newsachive/?p=13204 ]The Commons Library has ..."

2016-07-10T14:46:18Z

Created page with "This article originally appeared in the [http://ihbconline.co.uk/newsachive/?p=13204 IHBC NewsBlogs] ----- [http://ihbconline.co.uk/newsachive/?p=13204 ]The Commons Library has ..."

New page

This article originally appeared in the [http://ihbconline.co.uk/newsachive/?p=13204 IHBC NewsBlogs]

-----
[http://ihbconline.co.uk/newsachive/?p=13204 ]The Commons Library has published a briefing paper on the '[http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN00905#fullreport Revocation of planning permission]', which covers the rarely-used procedure that occasionally allows planning permission to be revoked after it has been granted.

The Commons Library writes:

This briefing paper describes the circumstances in which local authorities, the Secretary of State and devolved Government Ministers can revoke planning permission. Sections 1-4 apply to England and Wales. Section 5 sets out the law in Scotland and section 6 covers Northern Ireland. Section 7 provides examples of revocation across the UK countries.

The laws in each of the UK countries are very similar to each other. They all allow councils to revoke or modify a planning consent “to such extent as they consider expedient” with regard to the Development Plan and other material considerations. The powers can only be used before the development, or the change of use given permission for, is complete. In each country there is a liability for the local authority to pay compensation for abortive expenditure and for any other loss or damage directly attributable to the revocation. If the revocation orders are opposed then they must be confirmed by either the Secretary of State in England and Wales, Scottish Ministers in Scotland or the Department of Environment in Northern Ireland.

In England and Wales the power to revoke planning permission stems from section 97 of the Town and Country Planning Act 1990. The rules relating to compensation stem from section 107 of the 1990 Act. The Secretary of State also has the power revoke planning permission under section 100 of the 1990 Act. If this is done the liability to pay compensation still falls on the local planning authority, as though it had made the revocation order. There is a right to challenge an order confirmed by the Secretary of State in the High Court, within six weeks of it being made.

The law in Scotland stems from section 65 of the Town and Country Planning (Scotland) Act 1997. Under section 66 of the 1997 Act, if the revocation order is opposed then it must be confirmed by Scottish Ministers. Scottish Ministers also have powers to make a revocation order if they consider it “expedient” to do so. Compensation for where planning permission is revoked or modified is set out in section 76 of the 1997 Act.

In Northern Ireland the law allowing a council to make a revocation order is contained in section 68 of the Planning Act (Northern Ireland) 2011. The Department of Environment also has powers, under section 72 of the 2011 Act to serve a revocation order itself. The right to compensation where a revocation order is made is set out in section 179 of the 2011 Act. It makes reference to the relevant provisions in the Land Development Values (Compensation) Act (Northern Ireland) 1965, as amended. The main provisions are in section 26 of the 1965 Act.

Powers to revoke planning permission are very rarely used. Where they are used they are often uncontentious and unopposed. Since 2009 only 3 revocation orders issued under section 97 of the Town and Planning Act 1990 have been submitted to the Secretary of State for confirmation.

== [http://www.designingbuildings.co.uk/wiki/Find_out_more Find out more] ==

-----
=== Related articles on [http://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] ===

* National planning policy framework.
* Placemaking.
* Planning permission.
* Planning appeal.
* Detailed planning application.
* Public project: planning permission.
* Housing and Planning Bill 2015

[[Category:Conservation]] [[Category:Publications_/_reports]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Regulations]]