Article 46 Determining the application

(1)

When making their determination, the decision maker—

(a)

must take into account any representations made to the Secretary of State by a person pursuant to any notice of, or information about, or consultation in relation to, the application, under—

(i)

in relation to the Crown development application, articles 9, 16, 17, 18, 20, 21, or 22, and

(ii)

in relation to the connected listed building application, articles 30, 36, 37, 39, or 40,

which have been received within the applicable representation period, and

(b)

may disregard any representations or information received by the Secretary of State after the end of the applicable representation period.

(2)

If, after the end of the last representation period, the decision maker takes into consideration any new information (not being a matter of government policy), the decision maker must not determine the application without first—

(a)

notifying in writing the applicant and any interested person of the new information, and

(b)

affording them an opportunity of making written representations to the decision maker.

(3)

In this article, “interested person” means, in relation to an application, a person who made representations to the Secretary of State in relation to the application within the applicable representation period.