Section 72

In reviewing any planning permission or deemed planning permission under the review provisions, the competent authority must— consider whether any adverse effects could be overcome by planning obligations under section 106 of the TCPA 1990 (planning obligations) being entered into; and if it considers that those effects could be so overcome, invite those concerned to enter into such obligations. So far as the adverse effects are not thus overcome, the authority must make such order as may be required under— section 97 of the TCPA 1990 Act (power to revoke or modify planning permission); or section 102 of, or paragraph 1 of Schedule 9 to, that Act (orders requiring discontinuance of use etc.). Where the authority ascertains that the carrying out or, as the case may be, the continuation of the development would adversely affect the integrity of a European site , a Ramsar site or a European offshore marine site, it nevertheless need not proceed under the review provisions if and so long as it considers that there is no likelihood of the development being carried out or continued.

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Source: legislation.gov.uk · retrieved 2026-07-30