Section 108: Compensation for refusal or conditional grant of planning permission etc formerly granted by development order , local development order or neighbourhood development order., Town and Country Planning Act 1990

Where—

planning permission granted by a development order , a local development order or a neighbourhood development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order); and

on an application made under Part III or section 293A Parts 3 or 13 planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order,

section 107 shall apply as if the planning permission granted by the development order , the local development order or the neighbourhood development order—

Where planning permission granted by a development order , a local development order or a neighbourhood development order is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation.

Where—

planning permission granted by a development order for development in England of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or

planning permission granted by a local development order for development in England is withdrawn by the issue of directions under powers conferred by the order,

this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.

Where—

permission in principle granted by a development order is withdrawn by the revocation or amendment of the order, and

on an application made under Part 3 or section 293A Parts 3 or 13 before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation, permission in principle is refused for development of a description that is the same as, or falls within, that to which the withdrawn permission in principle related,

section 107 shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 or section 293A or by the Secretary of State or Welsh Ministers under Part 13, and had been revoked or modified by an order under section 97.

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

This section does not apply if—

in the case of planning permission or permission in principle granted by a development order, the condition in subsection (3C) is met;

in the case of planning permission granted by a local development order, the condition in subsection (3D) is met.

in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.

The condition referred to in subsection (3B)(a) is that—

the planning permission or permission in principle is granted for development in England of a prescribed description,

the permission is withdrawn in the prescribed manner,

notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and

where the development order granted planning permission, either—

the development authorised by the development order had not started before the notice was published, or

the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

The condition referred to in subsection (3B)(b) is that—

the planning permission is granted for development in England,

the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order,

notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and

either—

the development authorised by the local development order had not started before the notice was published, or

the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

The condition referred to in subsection (3B)(c) is that—

the planning permission is withdrawn by the revocation of the neighbourhood development order,

notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and

either—

the development authorised by the neighbourhood development order had not begun before the notice was published, or

section 61L(7) applies in relation to the development.

This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.

Regulations made by virtue of this subsection may provide that subsection (1) shall not apply where planning permission granted by a development order or a local development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.

Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order.

In this section "prescribed" means prescribed by regulations made by the Secretary of State in relation to England and the Welsh Ministers in relation to Wales,

Section 108: Compensation for refusal or conditional grant of planning permission etc formerly granted by development order , local development order or neighbourhood development order.

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