The Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012

CitationSI 2012/210 (W36)

2012 No. 210 (W.36)

TOWN AND COUNTRY PLANNING, WALES

The Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012

Made 27th January 2012

Coming into force 31th January 2012

The Welsh Ministers, in exercise of the powers conferred by section 203(1) and (6) of the Planning Act 20081, make the following Order.

In accordance with section 203(9) of that Act a draft of this Order was laid before and approved by a resolution of the National Assembly for Wales.

S-1 Title, commencement and interpretation

Title, commencement and interpretation

1.—(1) The title of this Order is the Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012.

(2) It comes into force on 31 January 2012.

(3) In this Order “the Act” (“y Ddeddf”) means the Town and Country Planning Act 19902.

S-2 Provisions in relation to Wales

Provisions in relation to Wales

2. In section 1083of the Act (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order)—

(a) in subsection (2A)(a) omit “in England”;

(b) in subsection (2A)(b) omit “in England”;

(c) in subsection (3C)(a) omit “in England”;

(d) in subsection (3D) omit paragraph (a);

(e) in subsection (6) after “Secretary of State” insert “in relation to England and the Welsh Ministers in relation to Wales,”.

John Griffiths

Minister for Environment and Sustainable Development, one of the Welsh Ministers

27 January 2012

(This note is not part of the Order)

Section 107 of the Town and Country Planning Act 1990 (“the Act”) provides for compensation to be payable where planning permission granted by a local planning authority is subsequently revoked or modified. Section 108 of the Act extends this entitlement to compensation to circumstances where planning permission granted by a development order or a local development order is withdrawn.

This Order amends section 108 as it applies to Wales.

An amendment to subsection (2A) of section 108 provides for the situation where planning permission of a prescribed description granted by a development order or local development order is withdrawn by the issue of directions under powers conferred by that order. The result of the amendment is that compensation is payable only if an application for planning permission for development formerly permitted by that order...

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