43 Power to decline to determine applications
Planning and Compulsory Purchase Act 2004 (2004 c 5) | Legislation

43  Power to decline to determine applications

(1)     For section 70A of the principal Act (power of local planning authority to decline to determine application) there are substituted the following sections—

“70A Power to decline to determine subsequent application

(1)     A local planning authority may decline to determine a relevant application if—

(a)     any of the conditions in subsections (2) to (4) is satisfied, and

(b)     the authority think there has been no significant change in the relevant considerations since the relevant event.

(2)     The 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 referred to him under section 76A or 77.

(3)     The condition is that in that period the Secretary of State has dismissed an appeal—

(a)     against the refusal of a similar application, or

(b)     under section 78(2) in respect of a similar application.

(4)     The condition is that—

(a)     in that period the local planning authority have refused more than one similar application, and

(b)     there has been no appeal to the Secretary of State against any such refusal.

(5)     A relevant application is—

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