Part 4

Additional planning control
Chapter 1

Listed buildings and conservation areas

Power to decline to determine application for listed building consent

Power to decline to determine subsequent application for listed building consent
92
1
A council may decline to determine an application for listed building consent if—
a
one or more of the conditions in subsections (2) to (4) is satisfied; and
b
the council thinks there has been no significant change in any material 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 Department has refused a similar application made under section 88.
3
The condition is that in that period the planning appeals commission has dismissed an appeal—
a
against the refusal of a similar application; or
b
under section 97 in respect of a similar application.
4
The condition is that—
a
in that period the council has refused more than one similar application; and
b
there has been no appeal to the planning appeals commission against any such refusal or, if there has been such an appeal, it has been withdrawn.
5
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.
6
An application for listed building consent is similar to another application if (and only if) the council thinks that the building and works to which the applications relate are the same or substantially the same.
S. 92 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
Pt. 4 (except chpts. 1, 2) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)
Ss. 92-101 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 15, Sch. 2
Pt. 4 chapter 1 (except ss. 92-93 102) applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11
S. 92 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
Ss. 86-103: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))