Article 40 Procedure in relation to approvals, etc., under Schedule 2I1

England, Wales and Scotland

(1)

Where an application is made to the relevant planning authority for any consent, agreement or approval required by a requirement under Schedule 2 (requirements), the following provisions apply in respect of that application as they would apply if that consent, agreement or approval were required by a condition imposed on a grant of planning permission—

(a)

sections 78 (right to appeal against planning decisions and failure to take such decisions)^f1 and 79 (determination of appeals)^f2 of the 1990 Act; and

(b)

any orders, rules or regulations which make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on the grant of planning permission.

(2)

For the purposes of paragraph (1), a provision relates to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission in so far as it makes provision in relation to an application for such a consent, agreement or approval, or the grant or refusal of such an application, or a failure to give notice of a decision on such an application.

Annotations

Commencement

I1: Art. 40 in force at 21.10.2014, see art. 1

Footnotes

f1: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34), section 43(2) of the Planning and Compulsory Purchase Act 2004 (c. 5), paragraphs 1 and 3 of Schedule 10, and paragraphs 1 and 2 of Schedule 11, to the Planning Act 2008 (c. 29), section 123(1) and (3) of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011 (c. 20) and paragraphs 1 and 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27).
f2: Section 79 was amended by section 18 of, and paragraphs 8 and 19 of Schedule 7 to, the Planning and Compensation Act 1991 and paragraphs 1 and 4 of Schedule 10 to the Planning Act 2008.