Paragraph 9 Dealing with an applicationI1

England and Wales Not yet in force

(1)

Where a planning authority receives an application under paragraph 7, the authority must—

(a)

give the applicant written acknowledgement of the application as soon as reasonably practicable, and

(b)

determine the conditions to which each minerals permission to which the application relates is to be subject.

(2)

Those conditions—

(a)

may include any conditions that may be imposed on a grant of minerals permission;

(b)

may be imposed in addition to, or in place of, any existing conditions to which the permission in question is subject.

(3)

In determining whether a minerals permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the planning authority must have regard to any relevant guidance issued by the Welsh Ministers.

(4)

If the planning authority considers that it is unable to determine an application unless further details are provided, it must serve notice to that effect on the applicant within 1 month after the day it receives the application.

(5)

The notice must specify the further details the authority requires to determine the application, which may (for example) include—

(a)

any information, plans or drawings, or

(b)

any evidence in support of any details provided to the authority in respect of the application,

that it is reasonable for the authority to request.

(6)

Sub-paragraph (7) applies if the planning authority does not give the applicant notice of its decision on the application within the 3-month period or a longer period agreed in writing between the authority and the applicant.

(7)

The authority is to be treated as having determined, at the end of the 3-month period or longer period agreed between the authority and the applicant, that the conditions to which each minerals permission relating to the site is to be subject are the conditions proposed for that permission in the application.

(8)

In this paragraph “the 3-month period” means—

(a)

in a case where the authority does not serve notice under sub-paragraph (4), the 3 months after the day it receives the application;

(b)

in a case where the authority serves notice under sub-paragraph (4), the 3 months after the day it has received all of the further details specified in the notice.

(9)

Regulations may make provision imposing requirements on planning authorities relating to publicity for applications under paragraph 7.

Annotations

Commencement

I1: Sch. 9 para. 9 not in force at Royal Assent, see s. 409(2)