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Changes over time for: Section 73
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Version Superseded: 06/09/2015
Status:
Point in time view as at 16/08/2012. This version of this provision has been superseded.
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Changes to legislation:
Town and Country Planning Act 1990, Section 73 is up to date with all changes known to be in force on or before 21 February 2025. 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.
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73 Determination of applications to develop land without compliance with conditions previously attached.E+W
(1)This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.
(2)On such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—
(a)if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and
(b)if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.
(3)[Special provision may be made with respect to such applications—
(a)by regulations under section 62 as regards the form and content of the application, and
(b)by a development order as regards the procedure to be followed in connection with the application.]
(4)This section does not apply if the previous planning permission was granted subject to a condition as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun.
[(5)Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which—
(a)a development must be started;
(b)an application for approval of reserved matters (within the meaning of section 92) must be made.]
Textual Amendments
Modifications etc. (not altering text)
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