Article 7 Amendments to article 5

in paragraph (1), for “paragraph (2)” substitute “paragraphs (1A) and (2)”;

after paragraph (1), insert—

“(1A)

Paragraph (1) does not apply with respect to a Category 3J application.

(1B)

In the case of a Category 3J application, the local planning authority must not refuse the application unless—

(a)

the authority has sent to the Mayor—

(i)

a copy of any representations made to the authority in respect of the application;

(ii)

a copy of any report on the application prepared by an officer of the authority;

(iii)

a statement setting out that the authority proposes to refuse the application and giving full reasons for the proposed refusal; and

(iv)

a statement of any proposed planning conditions, a draft of any proposed planning obligation and details of any proposed planning contribution; and

(b)

either—

(i)

a period of 21 days has elapsed beginning with the date notified in writing by the Mayor to the authority as the date on which he received the documents referred to in sub-paragraph (a); or

(ii)

the Mayor has notified the local planning authority in writing that he is content for the authority to determine the application in accordance with the statement referred to in sub-paragraph (a)(iii).

(1C)

As soon as practicable after receiving the documents referred to in paragraph (1)(a) or (1B)(a), the Mayor must notify the local planning authority in writing of the date on which he received those documents.”;

in paragraph (2), for “Paragraph (1) shall” substitute “Paragraphs (1) and (1B) do”.