Section 17Part 3 — Control of Development of Land
Revocation and modification of planning permission
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Subject to this section, if it appears to the Authority that it is expedient, having regard to the development plan and to any other material considerations, that any permission to develop land on an application made in that behalf under this Part should be revoked or modified, it may, by order, revoke or modify the permission to such an extent as appears to it to be expedient as aforesaid.
The power conferred by this section to revoke permission to develop land may be exercised —
where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed; or
where the permission relates to a change of the use of any land, at any time before the change has taken place and the power conferred by this section to modify permission to develop land may be exercised at any time; but the revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out.
Where permission to develop land is revoked or modified by an order made under this section, then if on a claim made to the Authority within six months of the making of the order, it is shown that any person interested in the land has incurred expenditure in carrying out work that is rendered abortive by the revocation or modification, or has otherwise sustained loss or damage that is directly attributable to the revocation or modification, the Authority shall pay to that person compensation in respect of that expenditure, loss or damage.
No compensation shall be payable under subsection (3) in respect of loss or damage consisting of the depreciation in value of any interest in the land by virtue of the revocation or modification.
For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work or upon other matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out that work, but except as aforesaid no compensation shall be paid under this section in respect of any work carried out before the grant of the permission that is revoked or modified, or by reason of any other loss or damage (other than loss or damage by way of depreciation in value of an interest in land) arising out of anything done before the grant of that permission.
Where the permission that is revoked or modified by an order under this section is permission for which compensation would be payable under the repealed Part IV in the circumstances therein mentioned, the repealed sections 31, 34 and 35 shall apply as if for references in the repealed section 31 to the refusal of the permission or the imposition of conditions on the grant thereof there were substituted references to the revocation of permission or the modification thereof by the imposition of conditions and section 31(1) shall have effect as if for the words "if the permission had been granted or had been granted unconditionally" there were substituted the words "if the permission had not been revoked or had not been modified".
Where by virtue of this section, compensation is payable in respect of expenditure incurred in carrying out any work on land, then if the Authority purchases any interest in that land, or a claim for compensation is made in respect of any such interest under the repealed section 31, any compensation payable in respect of that interest, or as the case may be, any compensation payable in respect of the interest under the repealed section 31 shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under this section.