Regulation 85 Development consent: review

(1)

The review provisions apply to any order granting development consent under the Planning Act 2008 unless—

(a)

the development to which it related has been completed before the site becomes a European site F1, a Ramsar site or a European offshore marine site;

(b)

it included a requirement as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun; or

(c)

the development consent was granted for a limited period and that period has expired.

(2)

In any such review of an order granting development consent, the competent authority must—

(a)

consider whether any adverse effects could be overcome by imposing requirements under paragraph 5(4)(c), (d) or (e) of Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent); and

(b)

if it considers that those effects could be so overcome, impose those requirements by making such an order under paragraph 3(1) of Schedule 6 to that Act M1 as may be required.

Annotations

Textual amendments

F1: Words in reg. 85(1)(a) inserted (21.5.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(3), Sch. 5 para. 23 (with s. 116); S.I. 2026/549, reg. 3 (with reg. 4)

Marginal citations

M1: Paragraph 3(1) of Schedule 6 was amended by the Localism Act 2011, Schedule 13, paragraphs 1 and 72.

Notes on Part 6

Modifications

C1: Pt. 6: power to amend conferred (24.1.2022) by Environment Act 2021 (c. 30), ss. 113, 147(3) (with s. 144); S.I. 2022/48, reg. 2(p)
C2: Pt. 6: power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))