OpenLegislation

Section 56 Correction of errors in decisionsI1

England and Wales

(1)

This section applies if the Secretary of State or an inspector issues a decision document which contains a correctable error.

(2)

The Secretary of State or the inspector (as the case may be) may correct the error—

(a)

if he is requested to do so in writing by any person;

(b)

if he sends a statement in writing to the applicant which explains the error and states that he is considering making the correction.

(3)

But the Secretary of State or inspector must not correct the error unless—

(a)

not later than the end of the relevant period he receives a request mentioned in subsection (2)(a) or sends a statement mentioned in subsection (2)(b), F1and

(b)

he informs the local planning authority of that fact, F2...

(c)

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

(4)

The relevant period—

(a)

is the period within which an application or appeal may be made to the High Court in respect of the decision recorded in the decision document;

(b)

does not include any time by which such a period may be extended by the High Court.

(5)

It is immaterial whether any such application or appeal is made.

F3(6)

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

(7)

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

Annotations

Textual amendments

F1

Word in s. 56(3)(a) inserted (1.9.2014) by The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 3(2)(a)

F2

S. 56(3)(c) and word omitted (1.9.2014) by virtue of The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 3(2)(b)

F3

S. 56(6)(7) omitted (1.9.2014) by virtue of The Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (S.I. 2014/1770), arts. 1, 3(3)

Commencement

I1

S. 56 in force at 28.9.2004 by S.I. 2004/2202, art. 3(a)