Section 47 Power of Department to decline to determine subsequent applicationC1I1I2
The Department may decline to determine an application for planning permission for the development of any land made to it in accordance with section 26(5) if—
in the period of two years ending with the date on which that application is received the Department has refused a similar application; and
the Department thinks there has been no significant change in the relevant considerations since the refusal of the similar application.
The relevant considerations are—
the local development plan so far as material to the application;
any other material considerations.
An application for planning permission is similar to another application if (and only if) the Department thinks that the development and the land to which the applications relate are the same or substantially the same.
Annotations
Modifications
- C1
Pt. 3 applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)
Commencement
- I1
S. 47 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
- I2
S. 47 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/25, art. 3
Notes on Part 3
Modifications
- C2
Pts. 1-3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))