[F170CPower to decline to determine retrospective applicationE+W
(1)A local planning authority F2... may decline to determine an application for planning permission [F3or permission in principle] for the development of any land if granting planning permission for the development would involve granting, whether in relation to the whole or any part of the land to which a pre-existing enforcement notice relates, planning permission in respect of the whole or any part of the matters specified in the enforcement notice as constituting a breach of planning control.
(2)For the purposes of the operation of this section in relation to any particular application for planning permission [F3or permission in principle], a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.]
Textual Amendments
F1S. 70C inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 123(2), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)
F2Words in s. 70C(1) omitted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), ss. 32, 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b) (with art. 11)
F3Words in s. 70C(1)(2) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 14; S.I. 2016/733, reg. 3(d)