Paragraph 2 Applications made under requirementI1

England and Wales

(1)

For an application for discharge of a requirement to be valid, the undertaker must provide the following information to the relevant planning authority electronically via email (unless otherwise agreed between the parties)—

(a)

a covering letter which includes confirmation of the requirement to which the submission relates;

(b)

a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement, and if it will then it must be accompanied by information setting out what those effects are;

(c)

confirmation that the application has been notified and provided to the requirement consultees in accordance with sub-paragraph (5), if the provision governing or requiring the application specifies that consultation with a requirement consultee is required. Such confirmation to include contact details for the requirement consultees;

(d)

the respective detailed management plan, drawing or other written information to discharge the requirement as required by the requirement; and

(e)

payment of the discharge of requirement application fee in accordance with paragraph (5).

(2)

Where a valid application has been made to the relevant planning authority for any discharge, the relevant planning authority must give notice to the undertaker of its decision on the application within a period of ten weeks beginning with the later of—

(a)

the day immediately following that on which the application is received by the authority;

(b)

the day immediately following that on which further information has been supplied by the undertaker under paragraph 3; or

(c)

such longer period that is agreed in writing by the undertaker and the relevant planning authority.

(3)

Subject to paragraph 4, in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(4)

Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order and the relevant planning authority does not determine the application within the period set out in sub-paragraph (2) and is accompanied by a report pursuant to sub-paragraph (2)(b) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period.

(5)

At the same time as submitting an application to the relevant planning authority for any consent, agreement or approval required by a requirement, the undertaker must also give notice of such application, and provide a copy of the application electronically via email (unless otherwise agreed between the parties), to any requirement consultee, if the provision governing or requiring the application specifies that consultation with a requirement consultee is required. As part of the notification to any requirement consultee, the undertaker must include a statement that refers to—

(a)

the timeframes in which the requirement consultee can request any further information from the undertaker (via the relevant planning authority) as prescribed in paragraph 3(7)(a) and the consequences of the failure to meet those timescales as prescribed in paragraph 3(7)(b); and

(b)

the timeframes in which the requirement consultee must give notice to the relevant planning authority of its comments on the application as prescribed in paragraph 3(7)(d) and the consequences of the failure to meet those timescales as prescribed in paragraph 3(7)(e).

Annotations

Commencement

I1: Sch. 16 para. 2 in force at 30.4.2026, see art. 1