Paragraph 4 I1

England, Wales and Scotland

(1)

An application under paragraph 3 must be—

(a)

made in the prescribed form and manner, and

(b)

accompanied by information of a prescribed description.

(2)

Sub-paragraph (3) applies in relation to an application under paragraph 3(4) made by or on behalf of a person with an interest in some, but not all, of the land to which the development consent order relates.

(3)

The application may be made only in respect of so much of the order as affects the land in which the person has an interest.

(4)

The Secretary of State may by regulations make provision about—

(a)

the procedure to be followed before an application under paragraph 3 is made;

(b)

the making of such an application;

(c)

the decision-making process in relation to the exercise of the power conferred by paragraph 3(1);

(d)

the making of the decision as to whether to exercise that power;

(e)

the effect of a decision to exercise that power.

(5)

Paragraphs (c) to (e) of sub-paragraph (4) apply in relation to the exercise of the power conferred by paragraph 3(1)—

(a)

on an application under paragraph 3, or

(b)

on the initiative of the F1Secretary of State under paragraph 3(3) or (7).

F2(5A)

The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion.

(6)

If a development consent order is changed or revoked in the exercise of the power conferred by paragraph 3(1), the Secretary of State must give notice of the change or revocation to such persons as may be prescribed.

(7)

If a development consent order was required to be contained in a statutory instrument, an order changing or revoking the development consent order made in the exercise of the power conferred by paragraph 3(1) must also be contained in a statutory instrument.

F3(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

As soon as practicable after the instrument F4containing the order is made, the Secretary of State must deposit a copy of it in the office of the Clerk of the Parliaments.

Annotations

Textual amendments

F1: Words in Sch. 6 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(3); S.I. 2012/628, art. 7(a)
F2: Sch. 6 para. 4(5A) inserted (12.2.2015 for specified purposes, 14.7.2015 in so far as not already in force) by Infrastructure Act 2015 (c. 7), ss. 28(4), 57(5)(b); S.I. 2015/758, reg. 3 (with reg. 4(3))
F3: Sch. 6 para. 4(8) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(10), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
F4: Words in Sch. 6 para. 4(9) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(11); S.I. 2012/628, art. 7(a)

Commencement

I1: Sch. 6 para. 4 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)

Notes on Schedule 6

Modifications

C1: Sch. 6 modified (31.1.2017) by Wales Act 2017 (c. 4), s. 71(1)(b), Sch. 7 para. 8(3) (with Sch. 7 paras. 1, 6)