SCHEDULES

SCHEDULE 2REQUIREMENTS

PART 2PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirementsI117

1

Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) contained in Part 1 of this Schedule, or a document referred to by a requirement, the discharging authority must give notice to the undertaker of the discharging authority's decision on the application with a period of 8 weeks beginning with—

a

the day immediately following that on which the application is received by the discharging authority;

b

the day immediately following that on which further information has been supplied by the undertaker under paragraph 18; or

c

such longer period as may be agreed between the parties.

2

Subject to paragraph (3), 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.

3

In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the discharging authority may—

a

give or refuse its consent, agreement or approval; or

b

give its consent, agreement or approval subject to reasonable conditions,

and 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.