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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All sections of Levelling-up and Regeneration Act 2023
2023 c. 55, s.128

Section 128 — Additional powers in relation to non-material changes to development consent orders

Extent: E+W+S+N.I.

This version in force from 2023-12-26

Snapshot: 2026-08-24

Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .

In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert— (1A) The Secretary of State may by regulations make provision about— (a) the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1); (b) the making of the decision as to whether to exercise that power; (c) the effect of a decision to exercise that power. This is subject to sub-paragraph (2). (1B) The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.