SCHEDULES
SCHEDULE 2REQUIREMENTS
PART 2PROCEDURE FOR DISCHARGE OF REQUIREMENTS
Applications made under requirementsI118
1
Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—
a
the day immediately following that on which the application is received by the Secretary of State; or
b
the day immediately following that on which further information has been supplied by the undertaker under paragraph 19; or
c
such longer period as may be agreed between the parties.
2
Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
3
Where—
a
an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;
b
the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and
c
the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,
the application is taken to have been refused by the Secretary of State at the end of that period.
4
Where any requirement in this Order requires the undertaker to consult with the relevant planning authority, the undertaker must—
a
not less than 21 days before making the application referred to in sub-paragraph (1)(a) provide all information to the relevant planning authority subsequently to be submitted to the Secretary of State as constituting the undertaker's proposed application;
b
give due consideration to any representations made by the relevant planning authority about the proposed application; and
c
include with its application to the Secretary of State copies of any representations made by the relevant planning authority about the proposed application, and a written account of how any such representations have been taken into account in the submitted application.