Paragraph 22 Applications made under requirementsI1
England and Wales
Where an application has been made to the approving authority for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the approving authority must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—
the day immediately following that on which the application is received by the approving authority;
the day immediately following that on which further information has been supplied by the undertaker F1under paragraph 23 (further information); or
such longer period as may be agreed between the parties.
Subject to paragraph (3), in the event that the approving authority does not determine an application within the period set out in paragraph (1), the approving authority is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
Where—
an application has been made to the approving authority for any consent, agreement or approval required by a requirement included in this Order;
the approving authority does not determine such application within the period set out in sub-paragraph (1); and
the application is accompanied by a report from a body required to be consulted under that requirement that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,
the application is taken to have been refused by the approving authority at the end of that period.
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 22(1)(b) substituted (25.4.2025) by The A12 Chelmsford to A120 Widening Development Consent (Corrections) Order 2025 (S.I. 2025/527), art. 1, Sch. para. 1
Commencement
- I1
Sch. 2 para. 22 in force at 9.2.2024, see art. 1