Paragraph 2 Applications made under RequirementsI1

England, Wales and Scotland

(1)

Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a Requirement (including consent, agreement or approval in respect of part of a Requirement), the relevant planning authority must give notice to the undertaker of its decision on the application before the end of the decision period.

(2)

For the purposes of sub-paragraph (1), the decision period is—

(a)

in the case of Requirement 4 (detailed design)—

(i)

where no further information is requested under paragraph 3, 16 weeks from the day following the day on which the application is received by the relevant planning authority;

(ii)

where further information is requested under paragraph 3, 16 weeks from the day following the day on which the further information is received by the relevant planning authority; or

(iii)

such longer period as may be agreed by the undertaker and the relevant planning authority in writing before the end of the period referred to in paragraph (b)(i) or (b)(ii); and

(b)

in the case of any other Requirement—

(i)

where no further information is requested under paragraph 3, 8 weeks from the day following the day on which the application is received by the relevant planning authority;

(ii)

where further information is requested under paragraph 3, 8 weeks from the day following the day on which the further information is received by the relevant planning authority; or

(iii)

such longer period as may be agreed by the undertaker and the relevant planning authority in writing before the end of the period referred to in sub-paragraph (i) or (ii).

Annotations

Commencement

I1: Sch. 5 para. 2 in force at 30.12.2015, see art. 1