SCHEDULES
SCHEDULE 7Power to decline to determine applications: amendments
Town and Country Planning Act 1990 (c. 8)
I31
TCPA 1990 is amended as follows.
2
I41
Section 70A (power of local planning authority to decline to determine subsequent application) is amended as follows.
I42
At the end of subsection (4)(b) insert “
or, if there has been such an appeal, it has been withdrawn
”
.
I13
After subsection (4) insert—
4A
A local planning authority in England may also decline to determine a relevant application if—
a
the condition in subsection (4B) is satisfied, and
b
the authority think there has been no significant change in the relevant considerations since the relevant event.
4B
The condition is that—
a
in 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,
b
the similar application was an application deemed to have been made by section 177(5), and
c
the land to which the application mentioned in subsection (4A) and the similar application relate is in England.
I14
In subsection (7)(a) for “and (4)” substitute “
, (4) and (4B)
”
.
3
I51
Section 70B (power of local planning authority to decline to determine overlapping application) is amended as follows.
I52
In subsection (1) after “which is” insert
—
a
made on the same day as a similar application, or
b
I23
After subsection (4) insert—
4A
A local planning authority in England may also decline to determine an application for planning permission for the development of any land in England which is made at a time when the condition in subsection (4B) applies in relation to a similar application.
4B
The condition is that—
a
a similar application is under consideration by the Secretary of State,
b
the similar application is an application deemed to have been made by section 177(5), and
c
the Secretary of State has not issued his decision.
I54
After subsection (6) insert—
7
If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.