Paragraph 24 Applications made under requirementsI1
England and Wales
Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 2 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with the later of—
the day immediately following that on which the application is received by the discharging authority; or
where further information is requested under paragraph 24, the day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the discharging authority.
In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 2 of this Schedule, the discharging authority may—
give or refuse its consent, agreement or approval; or
give its consent, agreement or approval subject to reasonable conditions,
and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.
Subject to paragraphs (4) and (5), in the event the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
Any application made to the discharging authority pursuant to paragraph (1) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are.
Where an application has been made to the discharging authority pursuant to paragraph (1) and the discharging authority does not determine the application within the period set out in paragraph (1) and the application is accompanied by a report pursuant to paragraph (4) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period.
Annotations
Commencement
- I1
Sch. 2 para. 24 in force at 14.8.2025, see art. 1