Section 70A: Power of local planning authority to decline to determine applications. Power to decline to determine subsequent application., Town and Country Planning Act 1990

A local planning authority may decline to determine an application for planning permission for the development of any land if—

within the period of two years ending with the date on which the application is received, the Welsh Ministers have refused a similar application made to them under section ... 62M or 62O, or referred to them under section 77, or have dismissed an appeal against the refusal of a similar application; and

in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.

For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the local planning authority the same or substantially the same.

The reference in subsection (1)(a) to an appeal against the refusal of an application includes an appeal under section 78(2) in respect of an application.

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

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

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

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 made to the Secretary of State under section 62A or referred to him under section 76A or 77.

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

against the refusal of a similar application, or

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

The condition is that—

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

there has been no appeal to the Secretary of State against any such refusal or, if there has been such an appeal, it has been withdrawn.

A local planning authority in England may also decline to determine a relevant application if—

the condition in subsection (4B) is satisfied, and

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

The condition is that—

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,

the similar application was an application deemed to have been made by section 177(5), and

the land to which the application mentioned in subsection (4A) and the similar application relate is in England.

A relevant application is—

an application for planning permission for the development of any land;

an application for permission in principle for the development of any land;

an application for approval in pursuance of section 60(1A), (2), (2A) or (2B).

The relevant considerations are—

the development plan so far as material to the application;

any other material considerations.

The relevant event is—

for the purposes of subsections (2) , (4) and (4B) the refusal of the similar application;

for the purposes of subsection (3) the dismissal of the appeal.

Subject to subsection (9), an application is similar to another application if (and only if) the local planning authority think that the development and the land to which the applications relate are the same or substantially the same.

An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa).

Section 70A: Power of local planning authority to decline to determine applications. Power to decline to determine subsequent application.

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