Control over development

Power of Department to decline to determine applications
20
1
After Article 25 of the principal Order there is inserted—

Power of Department to decline to determine applications
25A
1
The Department may decline to determine an application for planning permission for the development of any land if—
a
within the period of 2 years ending with the date on which the application is received—
i
the Department has refused a similar application under Article 31; or
ii
the planning appeals commission has dismissed an appeal against the refusal of a similar application; and
b
in the opinion of the Department there has been no significant change since the refusal or, as the case may be, dismissal mentioned in sub-paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.
2
For the purposes of this Article an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the Department the same or substantially the same.
3
The reference in paragraph (1)(a)(ii) to an appeal against the refusal of an application includes an appeal under Article 33 in respect of an application.
.
2
In Article 33 of that Order (right to appeal where Department has failed to take a decision on an application) after “applies,” there is inserted—
or
c
gives notice to him that it has exercised its power under Article 25A to decline to determine the application,
.