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Section 165: Application of s.164 to special cases of refusal or conditional grant of planning permission

Town and Country Planning Act 1971 · 1971 c. 78View on legislation.gov.uk

Part VIII: Compensation for Other Planning Restrictions

The provisions of this section shall have effect where—

planning permission for the development of land has been granted by a development order; and
that permission is withdrawn, whether by the revocation or amendment of the order or by the issue of directions under powers in that behalf conferred by the order; and
on an application made in that behalf under Part III of this Act, planning permission for that development is refused, or is granted subject to conditions other than those previously imposed by the development order.

In any case falling within subsection (1) of this section, the provisions of section 164 of this Act shall apply as if the planning permission granted by the development order—

had been granted by the local planning authority under Part III of this Act; and
had been revoked or modified by an order under section 45 of this Act,

and the provisions of section 166 (except subsection (5)(b) thereof) and of sections 167 and 168 of this Act shall apply as if references therein to an order under section 45 of this Act were references to the planning decision whereby the planning permission in question is refused, or is granted subject to conditions other than those previously imposed by the development order.

This section shall not apply in relation to planning permission for the development of operational land of statutory undertakers.

No compensation shall be payable under this section in respect of the imposition of any condition to which section 71 or 82 of this Act applies.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.