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.

Notes on Part 1

Modifications

C1: Sch. 5 Pt. 1 excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 6(1)(b)