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
I1Sch. 7 para. 3(1)(2)(4) in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
I2Sch. 7 para. 3(3) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(n)