However, the present commencement order does not bring into force s70B TCPA 1990. This section, once commenced, will end “twin tracking”, that is making two applications to a planning authority, leaving one with the authority to determine and appealing the other (either for refusal or non-determination) to the Secretary of State. Section 70B will allow the authority to decline to determine an application if they think it is similar to another application that has not been finally determined either by the authority or the Secretary of State on appeal, and the time within which an appeal could be made (six months) has not expired. In addition the ability for authorities to decline determination of subsequent similar or overlapping applications for listed building consent (under s81A of the Listed Buildings Act) is not yet brought into force.

These amendments apply only to applications for planning permission received after 24 August 2005.

The OPDM has promoted this amendment as the end of the submission of identical applications to “wear down opposition to undesirable development, which is an irritation for local authorities and the public”.

Three year duration of planning permissions and consents

S51 of the PCPA 2004 amends the time limit for implementation of planning permission and outline consents to three years from the date of grant, if granted after 24 August 2005. In the case of outline consents the amendment means that:

• any reserved matter application must be made not later than the expiration of three years from the date of grant; and
• the development must be started no later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last reserved matters to be approved.

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