Paragraph 21 Applications made under requirementsI1

Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

Subject to sub-paragraphs (3) and (4), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

Where—

then the application is taken to have been refused by the Secretary of State at the end of that period.

Sub-paragraph (2) does not apply to an application made to the Secretary of State under requirement 8 (Thames Basin Heaths Special Protection Area (SPA) Compensatory Habitat Creation and Enhancement Measures) and requirement 17(3) (restoration and/or landscaping of land used temporarily for construction).

Where approval or agreement must be obtained under any of the requirements included in this Schedule, the request or submission for approval must be in writing and approval or agreement must be given in writing.