Part ITown and Country Planning: England and Wales
Control over development
17Power of local planning authority to decline to determine applications
1
After section 70 of the principal Act there is inserted—
70APower of local planning authority to decline to determine applications
1
A local planning authority may decline to determine an application for planning permission for the development of any land if—
a
within the period of two years ending with the date on which the application is received, the Secretary of State has refused a similar application referred to him under section 77 or has dismissed an appeal against the refusal of a similar application; and
b
in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.
2
For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the local planning authority the same or substantially the same.
3
The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application.
2
In section 78(2) of that Act (right to appeal to Secretary of State where local planning authority have failed to take a decision on an application) for “neither” there is substituted “done none of the following” and for “nor” there is substituted—
aa
given notice to the applicant that they have exercised their power under section 70A to decline to determine the application;