Chapter 4: Grant and Implementation of Planning Permission 70D Power to decline to determine applications in cases of earlier non-implementation etc.
Subsection (1) provides that a local planning authority in England may decline to determine a planning application where the application is made by a person who applied for or is connected to an earlier planning permission on land all or any part of which is in the local planning authority’s area where development was not begun (subsection (2)) or where development has begun but, in the opinion of the local planning authority, the carrying out of that development has been unreasonably slow (subsection (3)). The development subject to the new application and the earlier planning permission must be of a prescribed description, to be set out in regulations.
	To help the local planning authority establish whether development authorised by an earlier planning permission has been carried out at an unreasonably slow rate, subsection (4) requires that the local planning authority must have regard to information provided in a development commencement notice (such as the expected start date and timescales for development), whether a completion notice has been served against the development resulting in the earlier planning permission being invalidated, or any other prescribed circumstances.
	Subsection (5) provides a power for local planning authorities where it is necessary to request by notice certain information from a person applying for a new planning permission to determine whether that person applied for or is connected to an earlier planning permission in the local planning authority’s area which has not been begun or which has been built out unreasonably slowly.
	Subsections (6) to (8) set out matters relating to instances of non-compliance with the notice under subsection (5). Where requested, if the person who applied for planning permission does not comply within 21 days the local planning authority may decline to determine the application (subsection (6)). Where a request is made under subsection (5) and that person knowingly or recklessly provides false or misleading information to the local planning authority that person is guilty of an offence (subsection (7)) and is liable on conviction to an unlimited fine (subsection (8)).
	Subsection (9) prohibits a local planning authority from declining to determine an application under new section 70D where the application is made under section 73 (applications to vary or remove planning conditions), 73A (applications for retrospective planning permission) or 73B (applications to make minor variations to planning permission) of the TCPA 1990.