SCHEDULES

SCHEDULE 7Power to decline to determine applications: amendments

2Town and Country Planning Act 1990 (c. 8)

1

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

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At the end of subsection (4)(b) insert “or, if there has been such an appeal, it has been withdrawn”.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