# Infrastructure Act 2015, Section 28: Changes to, and revocation of, development consent orders

Extent: E+W+S+N.I.

(1) Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent) is amended as follows.
(2) In paragraph 2 (non-material changes to orders)—
(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
(b) after that sub-paragraph insert—
(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.
(3) In paragraph 3 (changes to, and revocation of, orders) after sub-paragraph (5) insert—
(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.
(4) In paragraph 4 (supplementary provisions about changes to, and revocation of, orders) after sub-paragraph (5) insert—
(5A) The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion.

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Source: https://www.legislation.gov.uk/ukpga/2015/7/section/28 (the official version)
Page: https://openlegislation.uk/infrastructure-act-2015/section-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.