Section 70 Power to refuse to consider similar applicationsI1

England and Wales Not yet in force

(1)

A planning authority may refuse to consider an application for planning permission if the following conditions are met.

(2)

The first condition is that, in the 2 years ending with the day the authority receives the application, the Welsh Ministers have—

(a)

refused a similar application for planning permission referred to them under section 72, or

(b)

dismissed an appeal against the refusal of a similar application for planning permission or an appeal under section 73(3) relating to a similar application.

(3)

The second condition is that the planning authority considers that since the refusal or dismissal there has been no significant change in the development plan for its area, so far as relevant to the application, or in any other relevant considerations.

(4)

For the purposes of this section an application is similar to another application if (and only if) the planning authority considers that the development and land to which the applications relate are the same or substantially the same.

Annotations

Commencement

I1: S. 70 not in force at Royal Assent, see s. 409(2)