Regulation 43 Procedure after completion of examination

England, Wales and Scotland

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2)

The Examining body must make a written report to the Secretary of State by the end of the period of F32 months beginning with the earlier of—

(a)

the deadline for its completion of the examination of the application; and

(b)

the end of the day on which it completes the examination.

(3)

The report must include the Examining body's—

(a)

findings and conclusions in respect of the application; and

(b)

recommendation as to the decision to be made on the application.

(4)

If after the completion of the Examining body's examination, the F4Secretary of State—

(a)

differs from the Examining body on any matter of fact mentioned in, or appearing to the Secretary of State to be material to, a conclusion reached by the Examining body; or

(b)

takes into consideration any new evidence or new matter of fact,

and is for that reason disposed to disagree with a recommendation made by the Examining body, the Secretary of State shall not come to a decision which is at variance with that recommendation without—

(i)

notifying all interested parties of the Secretary of State's disagreement and the reasons for it; and

(ii)

giving them an opportunity of making representations in writing to the Secretary of State in respect of any new evidence or new matter of fact.

Annotations

Textual amendments

F1: Reg. 43(1) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(14)(a)
F2: Reg. 43(2) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(14)(b)
F3: Words in reg. 43(2) substituted (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(11) (with reg. 8)
F4: Words in Regulations substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(2)