SCHEDULE 4MODIFICATIONS OF THE ACT
F1PART 1MODIFICATIONS OF SECTION 70A OF THE ACT
1
In section 70A of the Act—
a
in subsection (1), for paragraph (a), substitute—
a
the condition in subsection (3) or (4) is satisfied, and
b
after subsection (1) insert the following subsection—
1A
A local planning authority may decline to determine a relevant application if, by virtue of regulation 21(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, they have no power to grant the consent applied for.
c
omit subsection (2);
d
in subsection (3), for “in that period”, substitute “in the period of two years ending with the date on which the application mentioned in subsection (1) is received”;
e
for subsection (5) substitute—
5
A relevant application is an application under regulation 9 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 for express consent to display an advertisement.
f
in subsection (6), at the end of paragraph (b), insert—
including, in particular, the factors relevant to amenity and public safety that the local planning authority are required to take into account when exercising their powers under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007
g
in subsection (7), in paragraph (a), for “subsections (2) and (4)”, substitute “subsection (4)”; and
h
in subsection (8)—
i
for “planning permission”, substitute “express consent”; and
ii
for “the development”, substitute “the subject matter of”.
Sch. 4 Pt. 1 substituted (20.7.2007) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2007 (S.I. 2007/1739), regs. 1(2), 2(b), Sch.