Section 81B Power to decline to determine overlapping applicationF1

England and Wales

(1)

A local planning authority may decline to determine an application for a relevant consent which is

(F2a)

made on the same day as a similar application, or

(b)

made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

(2)

The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

C1 C2(3)

The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.

(4)

The condition is that a similar application—

(a)

has been granted by the local planning authority,

(b)

has been refused by them, or

(c)

has not been determined by them within the determination period,

and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.

(F34A)

If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.

(5)

Relevant consent is—

(a)

listed building consent, or

(b)

conservation area consent.

(6)

An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

(7)

The determination period is—

(a)

the period prescribed for the determination of the application, or

(b)

such longer period as the applicant and the authority have agreed for the determination of the application.

(8)

For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.

Annotations

Textual amendments

F1: Ss. 81A, 81B and cross-heading inserted (24.8.2005 for E. except so far as relates to the insertion of s. 81B, 6.4.2009 for E. for that excepted purpose, otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(3), 121(1) (with ss. 43(5), 111); S.I. 2005/2081, art 2(a)(iii); S.I. 2009/384, art. 2(c)
F2: Words in s. 81B(1) inserted (6.4.2009 for E., otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241(8), Sch 7 para. 6(2) (with s. 226); S.I. 2009/400, art. 5(b)
F3: S. 81B(4A) inserted (6.4.2009 for E., otherwise prosp.) by Planning Act 2008 (c. 29), ss. 187, 241(8), Sch 7 para. 6(3) (with s. 226); S.I. 2009/400, art. 5(b)

Modifications

C1: S. 81B(3) applied (with modifications) by S.I. 2013/2140, Sch. 3 para. 4 (as inserted (E.) (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 8)
C2: S. 81B(3) modified (1.5.2025) by The Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (S.I. 2025/409), art. 1(1), Sch. 3 paras. 1, 5

Notes on Part III

Modifications

C1: Part III modified and extended (17.7.1992) by S.I. 1992/1732, art.2
C2: Pt. III applied (with modifications) (E.) (6.4.2014) by The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014 (S.I. 2014/550), regs. 1(1), 7