2(1)Section 70A (power of local planning authority to decline to determine subsequent application) is amended as follows.U.K.
(2)At the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”.
(3)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.”
(4)In subsection (7)(a) for “and (4)” substitute “ , (4) and (4B) ”.
Commencement Information
I1Sch. 7 para. 2(1)(2) in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
I2Sch. 7 para. 2(3)(4) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(n)