Section 43: Power to decline to determine applications

Planning and Compulsory Purchase Act 2004 · 2004 c. 5View on legislation.gov.uk

Part 4: Development control

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

In section 78(2)(aa) of that Act after "70A" there is inserted ." or 70B "

After section 81 of the listed buildings Act (authorities with functions under the Act) there are inserted the following sections—

Section 20(2) of that Act (appeals) is amended as follows—

for "neither" there is substituted ;" done none of the following "
after paragraph (a) for "nor" there is substituted—aagiven notice to the applicant that they have exercised their power under section 81A or 81B to decline to determine the application;.

This section has effect only in relation to applications made under the principal Act or the listed buildings Act which are received by the local planning authority after this section comes into force.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.