Paragraph 2 Applications made for consent, agreement or approvalI1
England and Wales As made
Subject to article 48(2) (procedures in relation to certain approvals etc.), where an application has been made to the relevant authority for any consent, agreement or approval required or contemplated by any provisions of this Order, including—
consent, agreement or approval in respect of part of a requirement;
any consent, agreement or approval required by any of the documents listed in Schedule 13 (documents and plans to be certified);
documents approved pursuant to a requirement; or
consent sought under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974,
the relevant authority must give notice to the undertaker of its decision on the application within a period of nine weeks beginning with—
the day immediately following that on which the application is received by the relevant authority;
the day immediately following that on which further information has been supplied by the undertaker under paragraph 3; or
such longer period as may be agreed in writing by the undertaker and the relevant authority.
Subject to sub-paragraph (4), in the event that the relevant authority does not determine an application within the period set out in sub-paragraph (1), the relevant authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
Where an application is made to the relevant authority for any consent, agreement or approval required by a requirement included in this Order, it must be accompanied by a report which states whether the subject matter of the application will give rise to any materially new or materially different environmental effects to those identified in the environmental statement.
Where an application has been made to the relevant authority for any consent, agreement or approval required by a requirement included in this Order, and—
the relevant authority does not determine the application within the period set out in sub-paragraph (1) and such application is accompanied by a report which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects to those in the environmental statement; or
the relevant authority determines during the period set out in sub-paragraph (1) that it considers that the subject matter of such application will give rise to any materially new or materially different environmental effects to those in the environmental statement,
the application is to be taken to have been refused by the relevant authority at the end of that period.
Annotations
Commencement
- I1
Sch. 14 para. 2 in force at 27.11.2025, see art. 1