OpenLegislation

Paragraph 20 Applications made under requirementsI1

England and Wales

(1)

Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the relevant planning authority must give notice to the undertaker of the 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 relevant planning authority;

(b)

the day immediately following that on which further information has been supplied by the undertaker under paragraph 21; or

(c)

such longer period as may be agreed between the parties.

(2)

Subject to sub-paragraph (3), in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the relevant planning authority 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 relevant planning authority for any consent, agreement or approval required by a requirement included in this Order;

(b)

the relevant planning authority does not determine such application within the period set out in sub-paragraph (1); and

(c)

the application is accompanied by a report referred to in paragraph 4 stating that, in the view of a body required to be consulted by the undertaker under the requirement in question, the subject matter of the application is likely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

the application is taken to have been refused by the relevant planning authority at the end of that period.

Annotations

Commencement

I1

Sch. 2 para. 20 in force at 25.6.2025, see art. 1