{
  "url": "https://openlegislation.uk/infrastructure-act-2015/section-28",
  "json_url": "https://openlegislation.uk/infrastructure-act-2015/section-28.json",
  "legislation": "ukpga/2015/7",
  "legislation_title": "Infrastructure Act 2015",
  "legislation_url": "https://openlegislation.uk/infrastructure-act-2015",
  "path": "section/28",
  "kind": "section",
  "number": "28",
  "heading": "Changes to, and revocation of, development consent orders",
  "text": "(1) Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent) is amended as follows.\n(2) In paragraph 2 (non-material changes to orders)—\n(a) in sub-paragraph (8) (duty for Secretary of State to comply with prescribed consultation and publicity requirements) after “Secretary of State” insert “ and the person who has made the application under sub-paragraph (4) ”, and\n(b) after that sub-paragraph insert—\n“(8A) The power to make regulations under sub-paragraph (8) includes power to allow the Secretary of State or the person who has made the application under sub-paragraph (4) to exercise a discretion.”\n(3) In paragraph 3 (changes to, and revocation of, orders) after sub-paragraph (5) insert—\n“(5A) The Secretary of State may refuse to exercise the power on an application made under sub-paragraph (4) or (5) if, in particular, the Secretary of State considers that the development that would be authorised as a result of the change should properly be the subject of an application under section 37 for a development consent order.”\n(4) In paragraph 4 (supplementary provisions about changes to, and revocation of, orders) after sub-paragraph (5) insert—\n“(5A) The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion.”",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 28 partly in force; s. 28 in force for specified purposes at Royal Assent, see s. 57(5)(b)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 28 in force at 14.7.2015 in so far as not already in force by S.I. 2015/758, reg. 3 (with reg. 4(3))"
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "ukpga/2025/34",
      "affecting_title": "Planning and Infrastructure Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2015/7/section/28",
    "retrieved_at": "2026-10-29T09:07:07.346745+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}