[F170APower to decline to determine subsequent application.E+W
(1)A local planning authority may decline to determine a relevant application if—
(a)any of the conditions in subsections (2) to (4) is satisfied, and
(b)the authority think there has been no significant change in the relevant considerations since the relevant event.
(2)The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application [F2made to the Secretary of State under section 62A or] referred to him under section 76A or 77.
(3)The condition is that in that period the Secretary of State has dismissed an appeal—
(a)against the refusal of a similar application, or
(b)under section 78(2) in respect of a similar application.
(4)The condition is that—
(a)in that period the local planning authority have refused more than one similar application, and
(b)there has been no appeal to the Secretary of State against any such refusal [F3or, if there has been such an appeal, it has been withdrawn].
[F4(4A)A local planning authority in England may also decline to determine a relevant application if—
(a)the condition in subsection (4B) is satisfied, and
(b)the authority think there has been no significant change in the relevant considerations since the relevant event.
(4B)The condition is that—
(a)in the period of two years ending with the date on which the application mentioned in subsection (4A) is received the Secretary of State has refused a similar application,
(b)the similar application was an application deemed to have been made by section 177(5), and
(c)the land to which the application mentioned in subsection (4A) and the similar application relate is in England.]
(5)A relevant application is—
(a)an application for planning permission for the development of any land;
(b)an application for approval in pursuance of section 60(2) [F5, (2A) or (2B)].
(6)The relevant considerations are—
(a)the development plan so far as material to the application;
(b)any other material considerations.
(7)The relevant event is—
(a)for the purposes of subsections (2) [F6, (4) and (4B)] the refusal of the similar application;
(b)for the purposes of subsection (3) the dismissal of the appeal.
(8)An application for planning permission is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.]
Textual Amendments
F1Ss. 70A, 70B substituted (24.8.2005 for E. in so far as relates to s. 70A, 6.4.2009 for E. in so far as relates to s. 70B, and not in force for W.) for s. 70A by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(1), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4); S.I. 2009/384, art. 2(a)
F2Words in s. 70A(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 6; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2
F3Words in s. 70A(4)(b) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(2) (with s. 226); S.I. 2009/400, art. 5
F4S. 70A(4A)(4B) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(3) (with s. 226); S.I. 2009/400, art. 3
F5Words in s. 70A(5) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(2), 35(2)
F6Words in s. 70A(7)(a) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(4) (with s. 226); S.I. 2009/400, art. 3
Modifications etc. (not altering text)
C1S. 70A applied (with modifications) (6.4.1992) by S.I. 1992/666, art. 13(1)(c), Sch. 4 Pts. I, II
S. 70A applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2004/783), reg. 14(3), Sch. 4 (as amended by S.I. 2007/1739, reg. 2(b))
C2S. 70A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1