Regulation 4 Directions by the Secretary of State
Where an authority—
give an opinion in the terms mentioned in regulation 3(4)(a) or (b); or
fail to give an opinion within the period specified or agreed (as the case may be) for the purposes of regulation 3(4),
the prospective developer may apply to the Secretary of State, in accordance with the following provisions of this regulation, for his direction on the matter.
An application under this regulation shall be accompanied by—
a copy of the application under regulation 3(1) and of the documents which accompanied it;
a copy of the notice (if any) given by the authority under regulation 3(3) and of the information (if any) supplied in response to that notice;
a copy of the authority’s opinion (if any) and of the statement of reasons which accompanied it; and
such additional information or representations as the prospective developer may wish to provide or make.
The prospective developer shall send to the relevant planning authority, at such time as he applies to the Secretary of State, a copy of the application under this regulation and of any additional information or representations made in accordance with paragraph (2)(d).
If the Secretary of State considers that the information provided in accordance with paragraph (2) is insufficient to enable him to give a direction, he shall notify the prospective developer and the relevant planning authority of the matters in respect of which he requires further information; and the information so requested shall be provided by the prospective developer within such reasonable period as may be specified in the notice or such longer period as may be agreed in writing between the prospective developer and the Secretary of State.
The Secretary of State shall issue a direction within the period of three weeks beginning with the date of receipt of the application or such longer period as he may reasonably require.
The Secretary of State shall send a copy of his direction to the prospective developer and to the relevant planning authority; and where he concludes that the development is—
within a description mentioned in Schedule 1; or
within a description mentioned in Schedule 2 and likely to have significant environmental effects,
he shall send with the copy of the direction a written statement of the reasons for his conclusion.