Basically, the following points are those which, in my view, are the most important. I've paraphrased the sections but I don't believe I've distorted the meaning in any way.
- an application can be made for a development which has already been refused
- however, in declining to determine such an application an Authority must be of the view that there has been no significant change in the development plan since the application was previously refused or dismissed.
- Section 70A (8) TCP Act (1990) defines a planning application as being "similar" if it thinks that the development and land to which the application relates is the same or substantially the same.
- when an application is thought to be "similar" the Local Authority is not automatically obliged to determine the application. ( the purpose of this power is to inhibit the use of repeat applications that the Authority believes, over time, carries an intention to "wear down " opposition to proposed development. ) . Such powers are equally designed to give the Authority discretion to consider "repeat" applications where it is satisfied a genuine attempt has been made to overcome the planning objections.
- an applicant has no right of appeal against a decision not to determine an application.
So this would seem to be where things are at at present ! The resubmitted application needs to be materially different to the original , or it can be refused determination, and there is no appeal against the subsequent decision ( although it could be taken to Judicial Review.....expensive I should think ! ).
Clearly a view can't be taken of " let's have another tilt at a planning application" as various conditions have to be satisfied and relying on nuisance value simply results in the matter not being determined with no right of appeal. Does this mean that the YWT Ltd will have altered significantly its original proposal ? Well, I should think at least it ought to have done or otherwise run the risk of the matter being rejected out of hand. How many tilts at the process are tolerated is not specified, but given time constraints apply to the submission of applications, its not a system that extends never ending patience to people !!
As the process appears to be conducted along similar lines to previously I would guess all local stakeholders and objectors will be notified by the Local Authority in due course once they themselves have received details. Watch this space and be prepared, if you submitted a written objection, to consider doing so again as, of course, we may be looking at amended details !
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