OpenLegislation

Paragraph 70A F1

England and Wales

(1)

A local planning authority may decline to determine an application for express consent if—

(a)

within the period of two years ending with the date on which the application is received, the Secretary of State has dismissed an appeal against the refusal of a similar application; and

(b)

in the opinion of the authority there has been no significant change since the dismissal mentioned in paragraph (a) in any material consideration.

(2)

For the purposes of this section an application for express consent shall be taken to be similar to a later application if the subject matter of the applications and the land to which they relate are in the opinion of the local planning authority the same or substantially the same.

Annotations

Textual amendments

F1

Regulations repealed (E.) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783), regs. 1(1), 32(1) (with reg. 32(2)-(4))

Notes on Part II

Commencement

I1

Sch. 4 Pt. II in force at 6.4.1992, see reg. 1