SCHEDULES

SCHEDULE 2REQUIREMENTS

PART 5PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

schedule 2 paragraph 43 + 43.  In this Part of this Schedule—

term part 5 consultee + “Part 5 consultee” means one or more of the following bodies on matters relating to their function, where that body is not already the discharging authority or a consultee under the relevant paragraph in Part 1, Part 2 or Part 4 of this Schedule—

term specified period + “specified period” means a period of—

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.

Further information

schedule 2 paragraph 45 + 45.—(1) In relation to any part of an application made under Part 1, Part 2 or Part 4 of this Schedule, the discharging authority has the right to request such further information from the undertaker as is reasonably necessary to enable the discharging authority to consider the application.

(2) If the discharging authority considers that further information is reasonably necessary, and the application for approval does not give rise to consultation with another body under either the paragraph concerned or paragraph 44(1)(a), or as a result of paragraph 44(2), then the discharging authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information reasonably required.

(3) If the paragraph concerned specifies that consultation with a consultee is required, or the discharging authority elects to consult a Part 5 consultee under paragraph 44(1), then the discharging authority must—

schedule 2 paragraph 45 3 a + (a)issue the application to the consultee within five business days of receipt of the application;

schedule 2 paragraph 45 3 b + (b)allow the consultee the following period of time, as relevant, to notify the discharging authority whether, acting reasonably, the consultee requires further information to consider the application—

schedule 2 paragraph 45 3 b i + (i)15 business days, from the date on which the views of consultees are sought, for an application under paragraph 6 of this Schedule for detailed design approval of Work Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a; and

schedule 2 paragraph 45 3 b ii + (ii)10 business days, from the date on which the views of consultees are sought, for any other application under Part 1, Part 2 or Part 4 of this Schedule; and

schedule 2 paragraph 45 3 c + (c)notify the undertaker in writing specifying any further information reasonably requested by the discharging authority or any consultee (as the case may be) within—

schedule 2 paragraph 45 3 c i + (i)25 business days of receipt of an application under paragraph 6 of Part 2 of this Schedule for detailed design approval of Work Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a; and

schedule 2 paragraph 45 3 c ii + (ii)20 business days of receipt of any other application under Part 1, Part 2, or Part 4 of this Schedule.

(4) If the discharging authority does not give notification of a request for further information to the undertaker within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to subsequently request further information without the prior agreement of the undertaker.

(5) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 37 (applications made under requirements) and in this paragraph.

Register of requirements

schedule 2 paragraph 46 + 46.—(1) The undertaker must, as soon as is practicable following the making of the Order, establish and maintain in an electronic form suitable for public inspection a register of those paragraphs contained within Parts 1, 2 and 4 of this Schedule that provide for any consent, agreement or approval to be given by a discharging authority.

(2) The register must set out in relation to each such paragraph its status in terms of whether any application has been made to a discharging authority and whether or not any consent, agreement or approval has been given, together with an electronic link to any document comprised in such an application or in details that have been consented to, agreed or approved.

(3) The register must be maintained by the undertaker for a period of 3 years following the completion of the authorised development.