Chapter 4: Grant and Implementation of Planning Permission Section 113: Power to decline to determine applications in cases of earlier non-implementation etc Background
Sections 70A, 70B and 70C of the Town and Country Planning Act 1990 grant powers to local planning authorities to decline to determine planning applications in certain circumstances. For example, section 70A enables a local planning authority to decline to determine applications if they have previously refused permission for two or more substantially similar applications on the same site, or if a substantially similar application has been refused by the Secretary of State on appeal or following call-in, within the past two years.
	This section introduces new section 70D which grants local planning authorities a new discretionary power to decline to determine planning applications where the carrying out of development authorised by an earlier planning permission anywhere in that local planning authority’s area has not taken place at a satisfactory pace. This includes where development authorised by an earlier planning permission was not begun or has been carried out at an unreasonably slow rate.
	The power can only be used to decline to determine an application where the applicant is a person who applied for or is connected to the earlier planning permission.