C1C4C5C6C7C8C9C10C14C15C16 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

C6

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Determination of applications

C2C3F170AF12F1Power of local planning authority to decline to determine applications.Power to decline to determine subsequent application.

C12C111

A local planning authority may decline to determine an application for planning permission for the development of any land if—

a

within the period of two years ending with the date on which the application is received, the F7Welsh Ministers have refused a similar application made to them under section 62D, 62F, 62M or 62O, or referred to them under section 77, or have dismissed an appeal against the refusal of a similar application; and

b

in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.

C12C132

For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the local planning authority the same or substantially the same.

3

The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application.

F11

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 F6made 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.

F44A

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;

F9aa

an application for permission in principle for the development of any land;

b

an application for approval in pursuance of F5section 60(1A), (2)F11, (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) F2, (4) and (4B) the refusal of the similar application;

b

for the purposes of subsection (3) the dismissal of the appeal.

8

F10Subject to subsection (9), an application 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.

F89

An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa).