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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

Powers to decline to determine applications

Lisa Walton, modified 9 Years ago.

Powers to decline to determine applications

Enthusiast Posts: 30 Join Date: 15/09/14 Recent Posts

Hi There

I wonder if anyone could help me - I've always been aware of Section 43 of the Planning and Compulsory Purchase Act 2004 - but I don't know of anyone who has refused to deal with an application.

If an application, that was refused, is going to be re-submitted with no difference in the detail (it is identical) whilst the applicant is simultaneously appealing the council's decision (but there will be no appeal outcome before the application has to be determined) does the above allow for the council to decline to determine it or not?

Any advice would be appreciated.

Thanks

 

Former Member, modified 9 Years ago.

RE: Powers to decline to determine applications

Hi Lisa, the provision is actually contained in s.70A of the 1990 Act having been amended by the provision you mention.

From what you say, it would appear that none of the conditions contained in s.70A are met and that therefore you can't decline to determine the application.

The Encylopdia of Planning Law and Practice contains a useful comentary on the section, including a comment re the fee position. If you are still in any doubt, i suggest that you seek advice from your legal colleagues.  

 

Lisa Walton, modified 9 Years ago.

RE: Powers to decline to determine applications

Enthusiast Posts: 30 Join Date: 15/09/14 Recent Posts

Thanks for the quick response - that is helpful.  I'm not sure how up to date our Encyclopeadias are though but I will have a look.

Thank you

Laurence Rayner, modified 9 Years ago.

RE: Powers to decline to determine applications

HI Lisa,

It appears from your description that the situation is akin to an "overlapping application". In which case have you considered the powers to decline under s.70B(3) of the 1990 Act (also inserted by s.43 of the Planning and Compulsory Purchase Act 2004)?  

The re-submitted application must have been made at a time when an appeal against a similar application is under consideration and no decision has been issued. The LPA should also be satisfied that the two applications are the same or substantially the same before exercising its power under this section.

Regards,

Laurence.