OpenLegislation

Paragraph 1 Applications made under requirementsI1

England, Wales and Scotland

(1)

Where an application has been made to the relevant 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 authority must give notice to the undertaker of their decision on the application within a period of eight (8) weeks beginning with—

(a)

the day immediately following that on which the application is received by the authority;

(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 by the undertaker and the relevant authority in writing.

(2)

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

(b)

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

(c)

such application is accompanied by a report that considers it likely that the subject matter of such application will give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved, then the application is to be taken to have been refused by the relevant planning authorities at the end of that period.

Annotations

Commencement

I1

Sch. 12 para. 1 in force at 3.4.2019, see art. 1