Part 4Determination of Crown development and connected listed building applications

Chapter 2Written representations procedure

Written representations procedure

article 45 + 45.—(1) This Chapter applies where the Secretary of State has determined under section 319A of the 1990 Act that a Crown development application with, where applicable, a connected listed building application, is to be determined on the basis of representations in writing.

(2) In this Chapter, the “decision maker” is—

article 45 2 a + (a)in the case of a standard application, the person appointed in accordance with section 293I of the 1990 Act, or

article 45 2 b + (b)in the case of a recovered application, the Secretary of State.

(3) In this article—

term recovered application + “recovered application” means an application which falls to be determined by the Secretary of State as a consequence of a direction made under section 293J(1) of the 1990 Act(1);

term standard application + “standard application” means means an application which falls to be determined by a person appointed by the Secretary of State under section 293I of the 1990 Act(2).

Determining the application

article 46 + 46.—(1) When making their determination, the decision maker—

article 46 1 a + (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—

article 46 1 a i + (i)in relation to the Crown development application, articles 9, 16, 17, 18, 20, 21, or 22, and

article 46 1 a ii + (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

article 46 1 b + (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—

article 46 2 a + (a)notifying in writing the applicant and any interested person of the new information, and

article 46 2 b + (b)affording them an opportunity of making written representations to the decision maker.

term interested person + (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.