Planning and Compulsory Purchase Act 2004

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specified provision(s) Appointed Day(s) by S.I. 2006/931 art. 2
specified provision(s) and purposes Appointed Day(s) by S.S.I. 2006/101 art. 2

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act modified by S.I. 2005/2085 art. 4(1)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 4A inserted by 2008 c. 29 s. 179(1)
s. 33A inserted by 2011 c. 20 s. 110(1)
s. 38A-38C inserted by 2011 c. 20 Sch. 9 para. 7

Commencement Orders yet to be applied to the Planning and Compulsory Purchase Act 2004:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

S.I. 2004/1813 art. 2 commences (2004 c. 5)
S.I. 2004/1814 art. 2 commences (2004 c. 5)
S.I. 2004/2097 art. 2 commences (2004 c. 5)
S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
S.I. 2004/2593 art. 2 commences (2004 c. 5)
S.I. 2005/204 art. 3 commences (2004 c. 5)
S.I. 2005/1229 art. 2 commences (2004 c. 5)
S.I. 2005/2081 art. 2 commences (2004 c. 5)
S.I. 2005/2722 art. 2 commences (2004 c. 5)
S.I. 2005/2847 art. 2 commences (2004 c. 5)
S.I. 2006/842 art. 2 amendment to earlier commencing SI 2005/2722
S.I. 2006/1061 art. 2 3 commences (2004 c. 5)
S.I. 2006/1281 art. 2-4 commences (2004 c. 5)
S.I. 2006/1700 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
S.I. 2007/1369 art. 2 commences (2004 c. 5)
S.I. 2007/2449 art. 2 amendment to earlier commencing SI 2005/2722
S.I. 2009/384 art. 2 commences (2004 c. 5)
S.I. 2009/2645 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
S.I. 2010/321 art. 3 amendment to earlier commencing SI 2006/1061 art. 4
S.I. 2010/321 art. 4 amendment to earlier commencing SI 2007/1369 art. 3
S.I. 2010/2002 art. 2 amendment to earlier commencing SI 2005/2722
S.I. 2011/101 art. 1 amendment to earlier commencing SI 2005/2722
S.S.I. 2006/243 art. 3 commences (2004 c. 5)
S.S.I. 2006/268 art. 3 commences (2004 c. 5)

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2007/1023 art. 2 amendment to earlier commencing SI 2005/2722
S.I. 2007/2371 art. 2 amendment to earlier commencing SI 2005/2722
S.I. 2007/2447 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
S.I. 2008/10 art. 2 amendment to earlier commencing SI 2005/2722
S.I. 2008/582 art. 2 commences (2007 c. 24)
S.I. 2008/1372 art. 2 commences (2007 c. 24)
S.I. 2008/2162 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
S.I. 2009/400 art. 2-5 commences (2008 c. 29)
S.I. 2009/3272 art. 2-4 Sch. 1-3 commences (2009 nawm 2)
S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
S.I. 2010/566 art. 2 commences (2008 c. 29)
S.I. 2010/862 art. 2 commences (2008 c. 17)
S.I. 2012/601 art. 2(c) Sch. commences (2008 c. 29)
S.I. 2012/628 art. 2-8 commences (2011 c. 20)
S.I. 2012/802 art. 2(c) commences (2008 c. 29)
S.I. 2012/2029 art. 3(a) commences (2011 c. 20)

43Power to decline to determine applicationsE+W

This section has no associated Explanatory Notes

(1)For section 70A of the principal Act (power of local planning authority to decline to determine application) there are substituted the following sections—

“70APower to decline to determine subsequent application

(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.

70BPower to decline to determine overlapping application

(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—

“Power to decline to determine applicationE+W

81APower to decline to determine subsequent application

(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.

(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.

81BPower to decline to determine overlapping application

(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.

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Planning and Compulsory Purchase Act 2004

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43Power to decline to determine applicationsE+W

“70APower to decline to determine subsequent application

70BPower to decline to determine overlapping application

“Power to decline to determine applicationE+W

81APower to decline to determine subsequent application

81BPower to decline to determine overlapping application

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