OpenLegislation

Paragraph 2 Applications made under requirementsI1

England and Wales

(1)

Where an application has been made to the discharging authority or the relevant planning authority for any agreement or approval required pursuant to a requirement included in this Order, the discharging authority or relevant planning authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 8 weeks beginning with—

(a)

the day immediately following that on which the application is received by the discharging authority or the relevant planning authority;

(b)

where further information is requested under paragraph 3, the day immediately following that on which further information has been supplied by the undertaker; or

(c)

such longer period as may be agreed by the undertaker and the discharging authority or the relevant planning authority.

(2)

In determining any application made to the discharging authority or relevant planning authority for any consent, agreement or approval required by a requirement contained in Part 1 of Schedule 2 of this Order, the discharging authority or relevant planning authority may—

(a)

give or refuse its consent, agreement or approval; or

(b)

give its consent, agreement or approval either subject to reasonable conditions, or unconditionally,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority or relevant planning authority must provide its reasons for that decision with the notice of the decision.

(3)

With the exception of Requirements 5, 12 and 18, in the event that the discharging authority or relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority or relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(4)

With respect to Requirements 5, 12 and 18, where an application has been made to the discharging authority or relevant planning authority for any agreement or approval required pursuant to those requirements and the discharging authority or the relevant planning authority has not given notice to the undertaker of their decision within the period set out in sub-paragraph (1), within a period of 8 weeks or by the conclusion of such period as may be extended by agreement under sub-paragraph (1)(c), then the application shall be deemed to have been refused consent.

Annotations

Commencement

I1

Sch. 2 Pt. 2 para. 2 in force at 8.1.2026, see art. 1