Power of Department to decline to determine applications25A

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.

or

c

gives notice to him that it has exercised its power under Article 25A to decline to determine the application,