C1C2 Part III General

Annotations:
Modifications etc. (not altering text)
C1

Part III modified and extended (17.7.1992) by S.I. 1992/1732, art.2

F3Power to decline to determine application

Annotations:
Amendments (Textual)
F3

Ss. 81A, 81B and cross-heading inserted (24.8.2005 for E. except so far as relates to the insertion of s. 81B, 6.4.2009 for E. for that excepted purpose, otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(3), 121(1) (with ss. 43(5), 111); S.I. 2005/2081, art 2(a)(iii); S.I. 2009/384, art. 2(c)

81BPower to decline to determine overlapping application

1

A local planning authority may decline to determine an application for a relevant consent which is

F1a

made on the same day as a similar application, or

b

made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

2

The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

C33

The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.

4

The condition is that a similar application—

a

has been granted by the local planning authority,

b

has been refused by them, or

c

has not been determined by them within the determination period,

and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.

F24A

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.

5

Relevant consent is—

a

listed building consent, or

b

conservation area consent.

6

An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

7

The determination period is—

a

the period prescribed for the determination of the application, or

b

such longer period as the applicant and the authority have agreed for the determination of the application.

8

For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.