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(2)At the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”.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)