PART 3 E+W PLANNING PERMISSION

Prospective

CHAPTER 6 E+W DEALING WITH APPLICATIONS

Determination of applications and conditions of planning permission E+W

68 Determining applications to develop without compliance with previous conditions E+W

(1) In determining an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted, a planning authority must consider only the question of the conditions subject to which planning permission should be granted.

(2) If the authority decides that planning permission should be granted subject to different conditions from those subject to which the previous permission was granted, it must grant planning permission accordingly.

(3) If the authority decides that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, it must refuse the application.

(4) This section does not apply if—

(a) the previous planning permission was granted subject to a condition specifying the period within which the development to which it related must start, and

(b) that period has ended without the development having started.

(5) In subsection (4) references to development starting have the same meaning as in Chapter 9 (see section 99).

Commencement Information

I1 S. 68 not in force at Royal Assent, see s. 409(2)