[70A Power of local planning authority to decline to determine applications] [70A Power to decline to determine subsequent application]
[70A Power of local planning authority to decline to determine applications] [70A Power to decline to determine subsequent application]

[(1)     A local planning authority may decline to determine an application for planning permission for the development of any land if—

(a)     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 77 or has [Welsh Ministers have refused a similar application made to them under section 62D, 62F, 62M or 62O, or referred to them under section 77, or have] 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 refusal or, as the case may be, dismissal mentioned in paragraph (a) in the development plan, so far as material to the application, or in any other material considerations.

(2)     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 local planning authority the same or substantially the same.