Paragraph 2 Further informationI1
England, Wales and Scotland
In relation to any application for a consent, agreement, approval or notice in respect of a provision of this Order, subject to sub-paragraph (3) the discharging authority may request such further information from the undertaker as is necessary to enable it to consider the application.
Where consent, agreement, approval or notice is required under a provision in this Order or by the code of construction practice (unless this Order or the code of construction practice requires that a consent be obtained pursuant to section 61 of the Control of Pollution Act 1974f1), the discharging authority must, in addition to any named consultee in the relevant provision, consult all other relevant and appropriate statutory consultees before deciding whether to approve or refuse an application under paragraph 1.
Any request by the discharging authority for further information under sub-paragraph (1) must be made in writing within 24 days of receipt of the application and must specify the further information required.
In the event that the discharging authority does not make a request for further information under this paragraph within the 24 day period referred to in sub-paragraph (3) it will be deemed to have sufficient information to consider the application and may not after that period request further information (unless agreed in writing between the undertaker and the discharging authority within that 24 day period).
Annotations
Commencement
- I1
Sch. 3 para. 2 in force at 18.3.2017, see art. 1
Footnotes
- f1
-
1974 c.40. Section 61 has been amended by the Building (Scotland) Act 2008; section 58 of the Building Act 1984 (c.55); Schedule 24 of the Environment Act 1995 (c.25); and section 162(1) of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 (c.25).