# The Environmental Permitting (England and Wales) Regulations 2016, Paragraph 15: Time limits for determination


(1) If—
(a) the regulator has not determined an application within the relevant period, and
(b) the applicant serves a notice on the regulator which refers to this paragraph,
the application is deemed to have been refused on the day on which the notice is served.
(2) Sub-paragraph (1) does not apply—
(a) to an application for the grant of an environmental permit that, if granted, would authorise the carrying on of a radioactive substances activity at a nuclear site, or
(b) to an application for the transfer of an environmental permit where the permit authorises the carrying on of a radioactive substances activity at a nuclear site.
(3) In sub-paragraph (1) “the relevant period” means a period, calculated in accordance with paragraph 16, of—
(a) in the case of an application for the transfer of an environmental permit in whole or in part, 2 months,
(b) in the case of an application for the grant or variation, in whole or in part, of an environmental permit relating to a stand-alone flood risk activity only, 2 months,
(c) in a case where paragraph 6 applies, 4 months, or
(d) in any other case, 3 months,
or in any case, a longer period than the period in paragraphs (a) to (d), if it is agreed by the regulator and the applicant.

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Source: https://www.legislation.gov.uk/ukdsi/2016/9780111150184/schedule/5/paragraph/15 (the official version)
Page: https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2016/schedule-5/paragraph-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.