http://www.legislation.gov.uk/ukpga/1990/8/section/70ATown and Country Planning Act 1990An Act to consolidate certain enactments relating to town and country planning (excluding special controls in respect of buildings and areas of special architectural or historic interest and in respect of hazardous substances) with amendments to give effect to recommendations of the Law Commission.1990-05-24texttext/xmlenStatute Law Database2026-09-07Expert Participation2026-08-10 Part III Control over development Determination of applications<Substitution ChangeId="d29p2815" CommentaryRef="c18877402">Power of local planning authority to decline to determine applications.</Substitution> <Addition ChangeId="M_F_c33a51cb-4799-4c01-c0e8-38f62c878d2e-1566651346566">Power to decline to determine subsequent application.</Addition>70A1A local planning authority may decline to determine an application for planning permission for the development of any land if—awithin the period of two years ending with the date on which the application is received, the Welsh Ministers have refused a similar application made to them under section ... 62M or 62O, or referred to them under section 77, or have dismissed an appeal against the refusal of a similar application; andbin the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.2For the purposes of this section 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 local planning authority the same or substantially the same.3The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application.1A local planning authority may decline to determine a relevant application if—aany of the conditions in subsections (2) to (4) is satisfied, andbthe authority think there has been no significant change in the relevant considerations since the relevant event.2The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application made to the Secretary of State under section 62A or referred to him under section 76A or 77.3The condition is that in that period the Secretary of State has dismissed an appeal—aagainst the refusal of a similar application, orbunder section 78(2) in respect of a similar application.4The condition is that—ain that period the local planning authority have refused more than one similar application, andbthere has been no appeal to the Secretary of State against any such refusal or, if there has been such an appeal, it has been withdrawn.4AA local planning authority in England may also decline to determine a relevant application if—athe condition in subsection (4B) is satisfied, andbthe authority think there has been no significant change in the relevant considerations since the relevant event.4BThe condition is that—ain 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,bthe similar application was an application deemed to have been made by section 177(5), andcthe land to which the application mentioned in subsection (4A) and the similar application relate is in England.5A relevant application is—aan application for planning permission for the development of any land;aaan application for permission in principle for the development of any land;ban application for approval in pursuance of section 60(1A), (2), (2A) or (2B).6The relevant considerations are—athe development plan so far as material to the application;bany other material considerations.7The relevant event is—afor the purposes of subsections (2) , (4) and (4B) the refusal of the similar application;bfor the purposes of subsection (3) the dismissal of the appeal.8 Subject to subsection (9), an application is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.9An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa).Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11 Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3 Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9) Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2 Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2 Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2) Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51 Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3)) Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)S. 70A applied (with modifications) (6.4.1992) by S.I. 1992/666, art. 13(1)(c), Sch. 4 Pts. I, IIS. 70A applied (with modifications) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2004/783), reg. 14(3), Sch. 4 (as amended by S.I. 2007/1739, reg. 2(b))S. 70A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1Ss. 70A, 70B substituted (24.8.2005 for E. in so far as relates to s. 70A, 6.4.2009 for E. in so far as relates to s. 70B, and not in force for W.) for s. 70A by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(1), 121 (with s. 111); S.I. 2005/2081, art. 2 (subject to savings in art. 4); S.I. 2009/384, art. 2(a)Pt. 3 (ss. 55-106) modified (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), art. 25(2) (with art. 30)Pt. 3 modified (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), art. 17(1) (with arts. 3(6), 12(3))Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), art. 27(1) (with art. 19, Sch. 3 para. 13(2))Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), art. 34(1) (with art. 36(3))Words in s. 70A(7)(a) substituted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(4) (with s. 226); S.I. 2009/400, art. 3Words in s. 70A(4)(b) inserted (6.4.2009 for E. and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(2) (with s. 226); S.I. 2009/400, art. 5S. 70A(4A)(4B) inserted (6.4.2009) by Planning Act 2008 (c. 29), ss. 187, 241, Sch. 7 para. 2(3) (with s. 226); S.I. 2009/400, art. 3Pt. 3 modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 28(1)Pt. 3 modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 11(1)Pt. 3 modified (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 35(2) (with art. 34(2), Sch. 12 paras. 5, 47, 79)Words in s. 70A(5)(b) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 152(4), 216(3); S.I. 2016/733, reg. 3(e)Words in s. 70A(2) inserted (9.5.2013 for E. for specified purposes, 1.10.2013 for specified purposes, 1.10.2014 in so far as not already in force) by Growth and Infrastructure Act 2013 (c. 27), s. 35(1), Sch. 1 para. 6; S.I. 2013/1124, art. 2; S.I. 2013/2143, art. 2(1)(a); S.I. 2014/1531, art. 2Pt. 3 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 47(1) (with art. 51, Sch. 10 paras. 68, 85)Words in s. 70A(1)(a) substituted (6.9.2015 for specified purposes, 1.3.2016 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 4 para. 6; S.I. 2016/52, art. 3(e)S. 70A(1) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(f) (with regs. 1(3), 47)S. 70A(1)(2) applied (W.) (with modifications) (1.3.2016) by The Developments of National Significance (Application of Enactments) (Wales) Order 2016 (S.I. 2016/54), arts. 1, 3(1)(f)(g)S. 70A(9) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 12(4); S.I. 2016/733, reg. 3(d)S. 70A(2) applied (with modifications) (W.) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), reg. 1(2), Sch. 7 para. 1(1)(g) (with regs. 1(3), 47)S. 70A(5)(aa) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 12(2); S.I. 2016/733, reg. 3(d)Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 36(2)Pt. 3 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 38(2)Words in s. 70A(8) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 12(3); S.I. 2016/733, reg. 3(d)Words in s. 70A(5) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 4(2), 35(2)Words in s. 70A(1)(a) omitted (W.) (15.12.2025) by virtue of Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 4(10) (with ss. 84(5), 146(10)); S.I. 2025/698, art. 3(l)