SCHEDULES
SCHEDULE 2REQUIREMENTS
PART 5PROCEDURE FOR DISCHARGE OF REQUIREMENTS
Applications made under requirements
schedule 2 paragraph 44 44.—(1) Where an application has been made to the discharging authority for any consent, agreement or approval referred to in Part 1, Part 2 or Part 4 of this Schedule the discharging authority—
schedule 2 paragraph 44 1 a (a)must consult a Part 5 consultee where it appears to the discharging authority, acting reasonably, that such consultation is necessary and appropriate having regard to—
schedule 2 paragraph 44 1 a i (i)the nature and spatial extent of the consent, agreement or approval being sought; and
schedule 2 paragraph 44 1 a ii (ii)the functions of the Part 5 consultee;
schedule 2 paragraph 44 1 b (b)must give notice to the undertaker of the decision on the application within the specified period which begins on—
schedule 2 paragraph 44 1 b i (i)the day immediately following that on which the application is deemed valid by the discharging authority; or
schedule 2 paragraph 44 1 b ii (ii)the day immediately following that on which valid further information has been supplied by the undertaker in response to a request from the discharging authority or a consultee (as the case may be) in accordance with paragraph 45 (further information).
(2) The discharging authority is entitled to rely upon pre-application consultation carried out by the undertaker on an application referred to under paragraph (1) for the purposes of—
schedule 2 paragraph 44 2 a (a)discharging any requirement to consult a specified body in Part 1, Part 2 or Part 4, where the undertaker has duly consulted that body; and
schedule 2 paragraph 44 2 b (b)determining whether consultation by the discharging authority is required with any Part 5 consultee under sub-paragraph (1)(a),
provided that the application under paragraph (1) contains sufficient evidence of the consultation carried out by the undertaker, including the comments received from the body consulted.
(3) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement in Part 1, Part 2 or Part 4 of this Schedule, the discharging authority may—
schedule 2 paragraph 44 3 a (a)give or refuse its consent, agreement or approval; or
schedule 2 paragraph 44 3 b (b)give its consent, agreement or approval either subject to reasonable conditions, or unconditionally; and
schedule 2 paragraph 44 3 c (c)where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.
(4) In the event that the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is deemed to have refused all parts of the application (without any condition or qualification at the end of that period).
(5) Where consent, agreement or approval is refused, the discharging authority must provide its reasons for that decision with the notice of the decision.
(6) Where an application is made to the discharging authority for any written consent, agreement or approval referred to in Part 1, Part 2 or Part 4 of this Schedule, the fee contained in regulation 16(1)(b) (fees for confirmation of compliance with condition attached to planning permission) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012(1) is to apply and must be paid to that authority for each application.
(7) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of—
schedule 2 paragraph 44 7 a (a)the date any application is rejected as being invalid by the discharging authority; or
schedule 2 paragraph 44 7 b (b)the discharging authority failing to determine the application within the specified period.