Section 26A Power of planning authority to decline to determine applications.F1
Scotland
A planning authority may decline to determine an application for planning permission for the development of any land if—
within the period of two years ending with the date on which the application is received, the Secretary of State has refused a similar application referred to him under section 32 of this Act or has dismissed an appeal against the refusal of a similar application; and
in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) of this subsection in the development plan, so far as material to the application, or in any other material considerations.
For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the planning authority the same or substantially the same.
The reference in subsection (1)(a) of this section to an appeal against the refusal of an application includes an appeal under section 34 in respect of an application.
Annotations
Textual amendments
- F1
S. 26A inserted (25.9.1991 subject to limitations as mentioned in S.I. 1991/2092, art. 4, Sch. 2 Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 47(1) (with s. 84(5)); S.I. 1991/2092, art.3
Notes on the whole Act
Textual amendments
- F1
Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
Notes on Part III
Modifications
- C1
Pt. III excluded by Local Government, Planning and Land Act 1980 (c. 65), s. 149(6)(9)
- C2
Pt. III (ss. 19-51) extended (1.1.1997) by 1995 c. 25, s. 96(3) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2
Notes on Determination by. . . planning authorities of applications for planning permission
Textual amendments
- F1
Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)