SCHEDULE 2Requirements

PART 2Procedure for discharge of Requirements

Applications made under requirements

23.—(1) Where an application has been made to a discharging authority for any consent, agreement or approval under a requirement, the relevant discharging authority must give notice to the undertaker of its decision on the application within a period of 56 days beginning with—

(a)where no further information is requested under paragraph 25, the day immediately following that on which the application is received by the authority;

(b)where further information is requested under paragraph 25, the day immediately following that on which further information has been supplied by the undertaker to the discharging authority; or

(c)such longer period as may be agreed in writing by the undertaker and the discharging authority.

(2) 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 taken to have granted all parts of the application (without any condition or qualification) at the end of that period unless otherwise agreed in writing.

(3) Any application made to a discharging authority pursuant to sub-paragraph (1) must—

(a)include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are; and

(b)include confirmation that the application has been notified and provided to the requirement consultees in accordance with sub-paragraph (5), if the provision governing or requiring the application specifies that consultation with a requirement consultee is required.

(4) Where an application has been made to a discharging authority for any consent, agreement or approval under a requirement and the relevant discharging authority does not determine the application within the period set out in sub-paragraph (1)—

(a)and the application is accompanied by a report pursuant to sub-paragraph (3)(a) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement; or

(b)the discharging authority consider that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement,

then the application is to be taken to have been refused by the discharging authority at the end of that period.

(5) Where an application has been made to a discharging authority for any discharge, the undertaker will also submit a copy of that application to any requirement consultee.