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How does the local planning department determine applications?

Section 70 (1) of the 1990 TCP Act provides that where an application is made to a local planning authority for planning permission:
(a) they may grant planning permission, either conditionally, or subject to such conditions as they think fit; or
(b) they may refuse planning permission

Decisions types on how council determines applications:

  • Approve
  • Approve with Conditions
  • Approve subject to Legal Agreement
  • Refuse
  • Non-Determination

Section 70 (2) of the 1990 TCP Act provides that the local planning authority, in dealing with an application for planning permission:
“shall have regard to the provisions of the development plan so far as material to the application, and to any other material considerations”.


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