TCPA 1990 is amended as follows.
After section 73A insert—
In section 62A (applications that may be made directly to the Secretary of State)—
in subsection (2), after "73(1)" insert ;", an application that is to be determined in accordance with section 73B"
in subsection (3)(d), after "73(1)" insert ."nor an application that is to be determined in accordance with section 73B"
In section 70A (power to decline to determine application similar to an earlier one)—
in subsection (8), for "subsection (9)" substitute ;"subsections (9) to (11)"
at the end insert— 10 An application that is to be determined in accordance with section 73B is not similar to an earlier application that was not determined in accordance with that section. 11 An application that is to be determined in accordance with section 73B is similar to an earlier application that was determined in accordance with that section only if the local planning authority think that the difference of effect referred to in subsection (7) of that section is (both in kind and in degree) the same or substantially the same in the case of both applications.
In section 70B (power to decline to determine application similar to a pending one)—
in subsection (5), at the beginning insert ;"Subject to subsections (5A) and (5B),"
after subsection (5) insert— 5A An application that is to be determined in accordance with section 73B is not similar to another application that is not to be determined in accordance with that section. 5B An application that is to be determined in accordance with section 73B is similar to another application that is to be determined in accordance with that section only if the local planning authority think that the difference of effect referred to in subsection (7) of that section is (both in kind and in degree) the same or substantially the same in the case of both applications.