Paragraph 40 Applications made under requirementsI1

England and Wales

(1)

Where an application has been made to a discharging authority for any agreement, endorsement or approval required by a requirement included in this Order, the discharging authority must give notice to the undertaker of its decision on the application before the end of the decision period.

(2)

For the purposes of sub-paragraph (1), the decision period is—

(a)

in the case of requirements in respect of which the discharging authority has a duty under this Schedule to consult with any other body—

(i)

where no further information is requested under this paragraph, 8 weeks from the day immediately following that on which the application is received by the discharging authority;

(ii)

where further information is requested under this paragraph, 8 weeks from the day immediately following that on which further information has been supplied by the undertaker under this paragraph; or

(iii)

such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (i) or (ii); and

(b)

in the case of requirements in respect of which the discharging authority has no duty under this Schedule to consult with any other body—

(i)

where no further information is requested under this paragraph, 6 weeks from the day immediately following that on which the application is received by the discharging authority;

(ii)

where further information is requested under this paragraph, 6 weeks from the day immediately following that on which further information has been supplied by the undertaker under this paragraph; or

(iii)

such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (i) or (ii).

(3)

In the case of requirements in respect of which the discharging authority has a duty under this Schedule to consult with any other body, the discharging authority must have regard to comments received from any of those bodies.

Annotations

Commencement

I1: Sch. 2 para. 40 in force at 12.10.2025, see art. 1