Advice to North Lincolnshire Council
Back to listEnquiry
- From
- North Lincolnshire Council
- Date advice given
- 7 October 2010
- Enquiry type
My question relates to what happens after the application is granted in relation to minor amendments. I.e. If there was an application for an amendment to part of the original application would this have to be determined by IPC or the local planning authority?
Advice given
Relating to changes to or, revocation of, an order for development consent, S153 of the 2008 Planning Act (the Act) refers to Sch 6 of the same Act; under Paragraph 3(1) of this schedule the appropriate authority (the IPC) may by order make a change to, or revoke, a development consent order. Paragraph 1 (4) of the same schedule states the appropriate authority to be a single commissioner or panel (the IPC), or the Secretary of State. Paragraph 4 states that the power to change or revoke an order for development consent may be exercised by the appropriate authority (the IPC) on behalf of; (a) the applicant or successor in title to the applicant, (b) a person with interest in the land or (c) any other person whose benefit the development consent order has affect. Paragraph 5 states that an application to change or revoke an order granting development consent can be made by the Local Authority to the appropriate authority (the IPC). In order to exercise this power, the IPC must be satisfied that; (a) the development consent order grants consent for development all or part of which is in the Local Planning Authorities area, (b) the development has begun but been abandoned and (c) the amenity of land in the LPA or adjoining area is adversely affected. The IPC will have the power to change or revoke a development consent order on behalf of the above parties, including the Local Authority. You may be aware that the Government will be publishing a consultation draft of the Localism Bill which will seek to amend the 2008 Planning Act. Clearly there is a possibility that some of the provisions referred to above may be subject to change, however, the paragraphs above set out the current position.