- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/12/2023)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 26/12/2023.
Planning Act 2008, SCHEDULE 7 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 187
1U.K.TCPA 1990 is amended as follows.
Commencement Information
I1Sch. 7 para. 1 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
2(1)Section 70A (power of local planning authority to decline to determine subsequent application) is amended as follows.U.K.
(2)At the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”.
(3)After subsection (4) insert—
“(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.”
(4)In subsection (7)(a) for “and (4)” substitute “ , (4) and (4B) ”.
Commencement Information
I2Sch. 7 para. 2(1)(2) in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
I3Sch. 7 para. 2(3)(4) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(n)
3(1)Section 70B (power of local planning authority to decline to determine overlapping application) is amended as follows.U.K.
(2)In subsection (1) after “which is” insert “—
(a)made on the same day as a similar application, or
(b)”.
(3)After subsection (4) insert—
“(4A)A local planning authority in England may also decline to determine an application for planning permission for the development of any land in England which is made at a time when the condition in subsection (4B) applies in relation to a similar application.
(4B)The condition is that—
(a)a similar application is under consideration by the Secretary of State,
(b)the similar application is an application deemed to have been made by section 177(5), and
(c)the Secretary of State has not issued his decision.”
(4)After subsection (6) insert—
“(7)If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.”
Commencement Information
I4Sch. 7 para. 3(1)(2)(4) in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
I5Sch. 7 para. 3(3) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(n)
4U.K.The Listed Buildings Act is amended as follows.
Commencement Information
I6Sch. 7 para. 4 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
5U.K.In section 81A (power of local planning authority to decline to determine subsequent application) at the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”.
Commencement Information
I7Sch. 7 para. 5 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
6(1)Section 81B (power of local planning authority to decline to determine overlapping application) is amended as follows.U.K.
(2)In subsection (1) after “which is” insert “—
(a)made on the same day as a similar application, or
(b)”.
(3)After subsection (4) insert—
“(4A)If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.”
Commencement Information
I8Sch. 7 para. 6 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
7U.K.In section 121 of PCPA 2004 (commencement) after subsection (3) insert—
“(3A)Subsections (1) and (2) are subject to subsection (3B).
(3B)Section 43 (power to decline to determine applications) (so far as not in force on the day on which paragraph 7 of Schedule 7 of the Planning Act 2008 comes into force) comes into force on such day as may be appointed by order made by—
(a)the Secretary of State in relation to England;
(b)the Welsh Ministers in relation to Wales.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys