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Revocation and modification of permission.
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30.—(1) Subject to the provisions of this section, if the planning authority decide that it is expedient that any permission to develop land granted under this Part of this Act should be revoked or modified, they may, by notice served on the owner and on the occupier of the land affected and on any other person who in their opinion will be affected by the revocation or modification, revoke or modify the permission.
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(2) In deciding, pursuant to this section, whether it is expedient to serve a notice under this section, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.
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(3) Any person on whom a notice under this section is served may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.
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(4) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (2) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by a planning authority.
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(5) The power conferred by this section to revoke or modify permission to develop land may be exercised—
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(a) where the permission relates to the carrying out of works, at any time before those works have been commenced or, in the case of works which have been commenced and which, consequent on the making of a variation in the development plan, will contravene such plan, at any time before those works have been completed,
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(b) where the permission relates to a change of the use of any land, at any time before the change has taken place,
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but the revocation or modification of permission for the carrying out of works shall not affect so much of the works as has been previously carried out.
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(6) The provisions of section 29 of this Act shall apply in relation to a notice under this section revoking permission to develop land or modifying any such permission by the imposition of conditions and which is confirmed on appeal (whether with or without modification), as they apply in relation to the refusal of an application for such permission or the grant of such an application subject to conditions, and in any such case the said section 29 shall have effect subject to the following modifications:
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(i) in paragraph (c) of subsection (1), for “in a case where permission to develop the land was granted as aforesaid subject to conditions” there shall be substituted “in a case where the permission was modified by the imposition of conditions”;
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(ii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph:
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“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice revoking the permission or, where the notice modified the permission by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted.”
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(7) A notice under this section shall state the reasons for which it is given and particulars of it shall be entered in the register.
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(8) The revocation or modification under this section of a permission shall be a reserved function.
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