# The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016, Paragraph 27: Applications made under requirement

Extent: E+W+S

(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in the Order, the Secretary of State must give notice to the undertaker of its decision 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 Secretary of State;
(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or
(c) such longer period as may be agreed between the parties.
(2) Subject to sub-paragraph (3), 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.
(3) Where—
(a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order; and
(b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and
(c) the application is accompanied by a statement that the subject matter of the application is likely to give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement,
then the application is taken to have been refused by the Secretary of State at the end of that period.
(4) With respect to any requirement that requires details to be submitted to the Secretary of State for approval under this Schedule, the details must be accompanied by a statement as to whether the subject matter of the application is likely to give rise to any new or materially worse environmental effects in comparison with those reported in the environmental statement.

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Source: https://www.legislation.gov.uk/uksi/2016/863/schedule/2/paragraph/27 (the official version)
Page: https://openlegislation.uk/m4-motorway-junctions-3-to-12-smart-motorway-development-consent-order-2016/schedule-2/paragraph-27
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.