- Latest available (Revised)
- Original (As enacted)
Planning (Listed Buildings and Conservation Areas) Act 1990, Section 81B is up to date with all changes known to be in force on or before 20 September 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A local planning authority may decline to determine an application for a relevant consent which is
[F2(a)made on the same day as a similar application, or
(b)] 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.
[F3(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.]
(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.]
Textual Amendments
F1Ss. 81A, 81B and cross-heading inserted (24.8.2005 for E. except so far as relates to the insertion of s. 81B, 6.4.2009 for E. for that excepted purpose, otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(3), 121(1) (with ss. 43(5), 111); S.I. 2005/2081, art 2(a)(iii); S.I. 2009/384, art. 2(c)
F2Words in s. 81B(1) inserted (6.4.2009 for E., otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241(8), Sch 7 para. 6(2) (with s. 226); S.I. 2009/400, art. 5(b)
F3S. 81B(4A) inserted (6.4.2009 for E., otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241(8), Sch 7 para. 6(3) (with s. 226); S.I. 2009/400, art. 5(b)
Modifications etc. (not altering text)
C1S. 81B(3) applied (with modifications) by S.I. 2013/2140, Sch. 3 para. 4 (as inserted (E.) (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 8)
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.
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.
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: