Regulation 21B Deciding an application without examinationF1

(1)

The Secretary of State may decide an application without examination by an Examining body if the Secretary of State is satisfied that this is not necessary in light of relevant representations received—

(a)

under regulations 19 and 20; and

(b)

in response to the notice served in accordance with regulation 21A(1)(a).

(2)

Where the Secretary of State decides that it is not necessary for an Examining body to examine the application, the Secretary of State must—

(a)

issue a notice of the decision not to examine the application to—

(i)

the applicant;

(ii)

all those who in accordance with regulation 19 have been notified about the application; and

(iii)

any other person who has made a relevant representation about the application;

(b)

publish the reasons for the decision on a website maintained for the purpose; and

(c)

publicise on a website maintained for the purpose any representations made in respect of the application.

(3)

In cases where an application is not examined by an Examining body in accordance with regulation 21B(1), regulations 22 to 45, 46, 47(10)(b), and 52(2)(h) do not apply.

Annotations

Textual amendments

F1: Regs. 21A, 21B inserted (14.7.2015) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(7) (with reg. 8)