Section 93 Power to refuse to consider similar applicationsI1I2
England and Wales
A planning authority may refuse to consider an application for listed building consent if the first and second conditions are met.
The first condition is that in the 2 years ending with the day the authority receives the application any of the following has occurred—
the Welsh Ministers have refused a similar application for listed building consent referred to them under section 94,
the Welsh Ministers have dismissed—
an appeal under section 100(2) against the refusal of a similar application for listed building consent, or
an appeal under section 100(3) relating to a similar application, or
the planning authority has refused two or more similar applications for listed building consent and in each case—
there has been no appeal to the Welsh Ministers, or
any appeal to the Welsh Ministers has been withdrawn.
The second condition is that the planning authority considers that there has been no significant change in any relevant considerations since—
the Welsh Ministers refused the similar application, in a case falling within subsection (2)(a),
the Welsh Ministers dismissed the appeal, in a case falling within subsection (2)(b), or
the planning authority most recently refused a similar application, in a case falling within subsection (2)(c).
For the purposes of this section an application is similar to another application if (and only if) the planning authority considers that the listed building and works to which the applications relate are the same or substantially the same.
Annotations
Commencement
- I1
S. 93 not in force at Royal Assent, see s. 212(2)
- I2
S. 93 in force at 4.11.2024 by S.I. 2024/860, art. 3(b)
Notes on Part 3
Modifications
- C1
Pts. 3-5 applied (4.11.2024) by S.I. 1999/1736, art. 11(1) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 23(a))