Paragraph 38 Applications made under requirementsI1

the day immediately following that on which the relevant planning authority acknowledge the application;

the day immediately following that on which further information has been supplied by the undertaker under paragraph 39 (further information); or

such longer period as may be agreed between the undertaker and the relevant planning authority.

an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order;

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

the application is accompanied by a report that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental effects from those reported in the environmental statement,

at least 6 weeks have elapsed since the application was received by the relevant planning authority;

the undertaker has served on the relevant planning authority written notice that sub-paragraph (2) will apply from a date specified in the notice (such date not being less than 8 weeks from the date the application was received by the relevant planning authority); and

by the date specified in the notice (or such later date as the relevant planning authority may agree with the undertaker) the relevant planning authority has not determined the relevant application.