Planning and Development Act 2024

• Permanent Page URL

Revocation or modification of permission by planning authority

149. (1) If a planning authority considers that it is appropriate that a permission relating to land-based development within its functional area should be revoked or modified because the development is a development referred to in subsection (4), it may serve a notice proposing to do so in accordance with subsection (5) on the applicant for permission, the owner and occupier of the lands where the development to which the permission relates is, or is proposed to be, situate, and on any other person who, in its opinion, will be materially affected by the revocation or modification.

(2) Subject to subsection (3), if a planning authority considers that it is appropriate that a permission relating to maritime development within its functional area should be revoked or modified because the development is a development referred to in subsection (4), it may serve a notice proposing to do so in accordance with subsection (5) on the applicant for permission, the owner and occupier of the maritime site where the development to which the permission relates is, or is proposed to be, situate, the holder of a maritime area consent granted for the occupation of that maritime site for the purposes of the development, and on any other person who, in its opinion, will be materially affected by the revocation or modification.

(3) A reference in subsection (2) to “owner” shall not include a reference to a Minister of the Government in whom the maritime site vests by virtue of section 5 of the State Property Act 1954 .

(4) A planning authority may propose to revoke or modify a permission under subsection (1) or (2) where the development to which the permission relates—

(a) would be contrary to the requirements of proper planning and sustainable development or maritime spatial planning, as appropriate, and

(b) no longer conforms to the provisions of the development plan, or any applicable urban area plan, priority area plan or coordinated area plan, or the National Marine Planning Framework, that applies to the land or maritime site where it is proposed to carry out the development, or would frustrate the objectives of one or more than one of such plans or of the National Marine Planning Framework.

(5) The notice referred to in subsections (1) and (2) shall—

(a) specify the permission concerned,

(b) specify the reasons for the proposal, and

(c) invite the person on whom the notice is served to make submissions to the planning authority in writing within the period specified in the notice (which shall be before the end of the period of 4 weeks from the date of the service of the notice) concerning the proposal.

(6) A planning authority may decide to revoke or modify a permission where the development to which the permission relates is a development referred to in subsection (4) and, when making its decision, shall have regard to any submissions made under paragraph (c) of subsection (5).

(7) Where a planning authority decides to revoke or modify a permission under subsection (6), it shall specify in the decision the provisions of the plan or National Marine Planning Framework referred to in subsection (4) to which the development no longer conforms or the objectives of the plan or National Marine Planning Framework that the development would frustrate, and the main reasons and considerations on which the decision is based.

(8) A person served with a notice under subsection (1) or (2) may, at any time within the period of 4 weeks beginning on the date of the decision under subsection (6), appeal to the Commission against the decision.

(9) Where an appeal is brought under subsection (8) against a decision, the Commission may confirm the decision with or without modifications, or annul the decision, and it shall specify the main reasons and considerations for its determination on the appeal.

(10) Any development carried out in contravention of a decision under subsection (6), or where an appeal is brought under subsection (8), in contravention of a decision confirmed under subsection (9), shall be unauthorised development.

(11) A notice of a proposal to revoke a permission may only be served prior to commencement of the development to which the permission relates.

(12) A notice of a proposal to modify a permission may only be served prior to completion of the development to which the permission relates, and where the development has commenced, the planning authority shall not propose to modify any part of the development that has been completed in accordance with the permission.

(13) A planning authority may, for stated reasons, by notice, withdraw a notice served under subsection (1) or (2) and, where a notice is withdrawn, the period between the serving of the notice and the withdrawal shall not be reckonable for the purpose of calculating the period since the granting of the permission.

(14) Particulars of a notice served under subsection (1) or (2), an appeal under subsection (8), a determination of the Commission on appeal under subsection (9), and the withdrawal of a notice under subsection (13) shall be entered in the register.