- Latest available (Revised)
- Point in Time (11/03/2009)
- Original (As enacted)
Version Superseded: 06/04/2009
Point in time view as at 11/03/2009. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Planning and Compulsory Purchase Act 2004, Section 43 is up to date with all changes known to be in force on or before 23 December 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)For section 70A of the principal Act (power of local planning authority to decline to determine application) there are substituted the following sections—
(1)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 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.
(5)A relevant application is—
(a)an application for planning permission for the development of any land;
(b)an application for approval in pursuance of section 60(2).
(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) and (4) the refusal of the similar application;
(b)for the purposes of subsection (3) the dismissal of the appeal.
(8)An application for planning permission 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.
(1)A local planning authority may decline to determine an application for planning permission for the development of any land which is made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
(2)The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
(3)The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 76A or 77 or on an appeal under section 78 and the Secretary of State has not issued his decision.
(4)The condition is that a similar application—
(a)has been granted by the local planning authority,
(b)has been refused by them, or
(c)has not been determined by them within the determination period,
and the time within which an appeal could be made to the Secretary of State under section 78 has not expired.
(5)An application for planning permission 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.
(6)The determination period is—
(a)the period prescribed by the development order for the determination of the application, or
(b)such longer period as the applicant and the authority have agreed for the determination of the application.”
(2)In section 78(2)(aa) of that Act after “70A” there is inserted “ or 70B ”.
(3)After section 81 of the listed buildings Act (authorities with functions under the Act) there are inserted the following sections—
(1)A local planning authority may decline to determine an application for a relevant consent if—
(a)one or more of the conditions in subsections (2) to (4) is satisfied, and
(b)the authority think there has been no significant change in any material 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 referred to him under section 12.
(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 20(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.
(5)Relevant consent is—
(a)listed building consent, or
(b)conservation area consent.
(6)The relevant event is—
(a)for the purposes of subsections (2) and (4) the refusal of the similar application;
(b)for the purposes of subsection (3) the dismissal of the appeal.
(7)An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.
(8)For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.
(1)A local planning authority may decline to determine an application for a relevant consent which is made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
(2)The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
(3)The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.
(4)The condition is that a similar application—
(a)has been granted by the local planning authority,
(b)has been refused by them, or
(c)has not been determined by them within the determination period,
and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.
(5)Relevant consent is—
(a)listed building consent, or
(b)conservation area consent.
(6)An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.
(7)The determination period is—
(a)the period prescribed for the determination of the application, or
(b)such longer period as the applicant and the authority have agreed for the determination of the application.
(8)For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.”
(4)Section 20(2) of that Act (appeals) is amended as follows—
(a)for “neither” there is substituted “ done none of the following ”;
(b)after paragraph (a) for “nor” there is substituted—
“(aa)given notice to the applicant that they have exercised their power under section 81A or 81B to decline to determine the application;”.
(5)This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after this section comes into force.
Commencement Information
I1S. 43(1)(3)(4)(b) in force at 24.8.2005 for specified purposes for E. by S.I. 2005/2081, art. 2(a)
I2S. 43(4)(a)(5) in force at 24.8.2005 for E. by S.I. 2005/2081, art. 2(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: