Article 45 Time periods for decisionF1
Subject to paragraph (4), where a connected listed building application, which is a valid application (within the meaning in article 32), has been received by the Secretary of State, he must, within the period specified or referred to in paragraph (2), give the applicant notice of his decision.
The period specified or referred to in this paragraph is—
where the application for listed building consent is connected to a relevant application in respect of non-major development, 8 weeks beginning with the day immediately following that on which the application is received by the Secretary of State; or
such extended period as may be agreed in writing between the applicant and the Secretary of State.
Subject to paragraph (4), the Secretary of State must not determine a connected listed building application, where any notice of, or information about, the application has been—
published in a newspaper under article 33, within the period of 14 days beginning with the date on which the notice was published;
served on an owner of the land under article 33, before the end of the period of 21 days beginning with the date on which the notice was served on that person;
published in a newspaper under article 37, within the period of 14 days beginning with the date on which the notice was published;
published on a website under article 37(1), within the period of 21 days beginning with the date on which the information was published; and
given by site display under article 38, before the end of the period of 21 days beginning with the date on which the notice was first displayed by site display.
When computing the number of days in sub-paragraphs (c) to (e) of paragraph (3), any day which is a public holiday must be disregarded.
Where, under paragraph (3), more than one of the periods applies, the Secretary of State must not determine the application before the end of the later or latest of such periods.
Annotations
Textual amendments
- F1
Pt. 6 inserted (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 6
- F2
Words in art. 45(2)(a) inserted (21.10.2016) by The Town and Country Planning (Section 62A Applications) (Amendment) Regulations 2016 (S.I. 2016/944), regs. 1(1), 2(7)(a)
- F3
Word in art. 45(2) omitted (21.10.2016) by virtue of The Town and Country Planning (Section 62A Applications) (Amendment) Regulations 2016 (S.I. 2016/944), regs. 1(1), 2(7)(b)
- F4
Art. 45(2)(aa) inserted (21.10.2016) by The Town and Country Planning (Section 62A Applications) (Amendment) Regulations 2016 (S.I. 2016/944), regs. 1(1), 2(7)(c)
- F5
Art. 45(3)(3A) substituted for art. 45(3) (1.6.2018 with application in accordance with art. 1(6) of the amending S.I.) by The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018 (S.I. 2018/119), arts. 1(4), 17