Paragraph 1 Applications made under Requirements
Where an application has been made to a relevant authority for any consent, agreement or approval required by a Requirement, the relevant authority must give notice to the undertaker of its decision on the application before the end of the decision period.
For the purposes of sub-paragraph (1), the decision period is—
in the case of a major Requirement—
where no further information is requested under sub-paragraph (3), 8 weeks from the day immediately following that on which the application is received by the relevant authority;
where further information is requested under sub-paragraph (3), 8 weeks from the day immediately following that on which further information has been supplied by the undertaker under sub-paragraph (3); or
such longer period as may be agreed by the undertaker and the relevant authority in writing before the end of the period in sub-paragraph (i) or (ii); and
in the case of a minor Requirement—
where no further information is requested under sub-paragraph (3), 5 weeks from the day immediately following that on which the application is received by the relevant authority;
where further information is requested under sub-paragraph (3), 5 weeks from the day immediately following that on which further information has been supplied by the undertaker under sub-paragraph (3); or
such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (i) or (ii).
Where an application has been made to which this Schedule applies the relevant authority may request such reasonable further information from the undertaker as it considers is necessary to enable it to consider the application.
If the relevant authority considers that further information is necessary, the relevant authority must, within 7 business days of receipt of the application, notify the undertaker in writing specifying the further information required.
If the Requirement specifies that consultation with a requirement consultee is required, the relevant authority must issue the consultation to the requirement consultee within 1 business day of receipt of the application and must notify the undertaker in writing specifying any further information requested by the requirement consultee within 1 business day of receipt of such a request and in any event within 28 business days of receipt of the application.
If the relevant authority does not give the notification mentioned in sub-paragraph (4) or (5), it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.