Planning Act 2008

Section 187

SCHEDULE 7 U.K. Power to decline to determine applications: amendments

Town and Country Planning Act 1990 (c. 8) U.K.

1 U.K. TCPA 1990 is amended as follows.

Commencement Information

I1 Sch. 7 para. 1 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)

2 (1) Section 70A (power of local planning authority to decline to determine subsequent application) is amended as follows. U.K.

(2) At the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”.

(3) After subsection (4) insert—

“(4A) 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.”

(4) In subsection (7)(a) for “and (4)” substitute “ , (4) and (4B) ”.

Commencement Information

I2 Sch. 7 para. 2(1)(2) in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)

I3 Sch. 7 para. 2(3)(4) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(n)

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

I4 Sch. 7 para. 3(1)(2)(4) in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)

I5 Sch. 7 para. 3(3) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(n)

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) U.K.

4 U.K. The Listed Buildings Act is amended as follows.

Commencement Information

I6 Sch. 7 para. 4 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)

5 U.K. In section 81A (power of local planning authority to decline to determine subsequent application) at the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”.

Commencement Information

I7 Sch. 7 para. 5 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)

6 (1) Section 81B (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) 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

I8 Sch. 7 para. 6 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)

Planning and Compulsory Purchase Act 2004 (c. 5) U.K.

7 U.K. In section 121 of PCPA 2004 (commencement) after subsection (3) insert—

“(3A) Subsections (1) and (2) are subject to subsection (3B).

(3B) Section 43 (power to decline to determine applications) (so far as not in force on the day on which paragraph 7 of Schedule 7 of the Planning Act 2008 comes into force) comes into force on such day as may be appointed by order made by—

(a) the Secretary of State in relation to England;

(b) the Welsh Ministers in relation to Wales.”