- Latest available (Revised)
- Original (As enacted)
Planning Act 2008
You are here:
- 2008 c. 29
- SCHEDULE 7
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this schedule contains provisions that are prospective.
Status
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. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
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.
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.
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6A 6B inserted by 2011 c. 20 s. 130(8)
- s. 35A inserted by 2011 c. 20 s. 132(1)(10)
- s. 56A inserted by 2011 c. 20 s. 138(3)
- s. 88A inserted by 2011 c. 20 s. 138(6)
- s. 95A inserted by 2011 c. 20 Sch. 13 para. 42
- s. 102A 102B inserted by 2011 c. 20 s. 138(9)
- s. 149A inserted by 2009 c. 23 Sch. 8 para. 4(2)
- s. 212A inserted by 2011 c. 20 s. 114(4)
- s. 216A 216B inserted by 2011 c. 20 s. 115(6)
Commencement Orders yet to be applied to the Planning Act 2008:
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. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2009/1303 art. 2 commences (2008 c. 29)
- S.I. 2009/2260 art. 2 commences (2008 c. 29)
- S.I. 2009/2573 art. 2 commences (2008 c. 29)
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2010/566 art. 2 commences (2008 c. 29)
- S.I. 2011/705 art. 2 commences (2008 c. 29)
- S.I. 2011/2054 art. 2 commences (2008 c. 29)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2011/556 art. 1-3 commences (2009 c. 23)
Section 187
SCHEDULE 7E+W+S+N.I.Power to decline to determine applications: amendments
This schedule has no associated Explanatory Notes
Prospective
Town and Country Planning Act 1990 (c. 8)E+W+S+N.I.
1TCPA 1990 is amended as follows.E+W+S+N.I.
2(1)Section 70A (power of local planning authority to decline to determine subsequent application) is amended as follows.E+W+S+N.I.
(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) ”.
3(1)Section 70B (power of local planning authority to decline to determine overlapping application) is amended as follows.E+W+S+N.I.
(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.”
Prospective
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E+W+S+N.I.
4The Listed Buildings Act is amended as follows.E+W+S+N.I.
5In 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 ”.E+W+S+N.I.
6(1)Section 81B (power of local planning authority to decline to determine overlapping application) is amended as follows.E+W+S+N.I.
(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.”
Planning and Compulsory Purchase Act 2004 (c. 5)E+W+S+N.I.
7In section 121 of PCPA 2004 (commencement) after subsection (3) insert—E+W+S+N.I.
“(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.”
Options/Help
Print Options
Print The Whole Act
Print This Schedule only
You have chosen to open The Whole Act
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?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
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?
You have chosen to open the Whole Act without Schedules
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?
You have chosen to open Schedules only
The Schedules only 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?
Legislation is available in different versions:
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.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
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.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources