Article 37 Procedure in relation to certain approvals etc.I1

Where an application is made to or request is made of the relevant planning authority, a relevant highway authority, a traffic authority, a street authority, or the owner of a watercourse, sewer or drain for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed.

Save for the applications made pursuant to Schedule 7 (procedure for discharge of requirements) and any application made to Highways England, if, within 42 days after the application or request has been submitted to an authority or an owner as referred to in paragraph (1) of this article (or such longer period as may be agreed in writing with the undertaker) it has not notified the undertaker of its decision (and if it is a disapproval the grounds of disapproval), it is deemed to have approved the application or request.

Schedule 7 is to have effect in relation to all consents, agreements or approvals required from the relevant planning authority pursuant to the requirements.

The powers conferred by paragraph (1) do not apply to an application to or request made of Highways England in relation to the A5(T).