The Hirwaun Generating Station Order 2015

Applications made under requirements

1.—(1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by an article or requirement (including agreement or approval in respect of part of an article or requirement) included in this Order the relevant planning authority must give notice to the undertaker of their decision on the application within a period of eight (8) weeks beginning with—

(a) the day immediately following that on which the application is received by the authority;

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

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

(2) Subject to sub-paragraph (3), in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the relevant planning authority is to be 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 relevant planning authority for any consent, agreement or approval required by an article or requirement included in this Order; and

(b) the relevant planning authority does not determine such application within the period set out in sub-paragraph (1); and

(c) such application is accompanied by a report that considers it likely that the subject matter of such application will give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved,

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

(4) Where an application is made to the relevant planning authority as referred to in paragraph (1) of this Schedule, such application must draw the relevant planning authority’s attention to the procedure set out in paragraphs (1)-(3) of this Schedule.

(5) Where an application is made to the relevant planning authority for any consent, agreement or approval required by requirement 4(3), 10(1) or 16(1) including agreement or approval in respect of part of a requirement), the applicant must at the same time as making the application send a copy of the materials provided in support of the application to Brecon Beacons National Park Authority or Natural Resources Wales (as the case may be) and must draw Brecon Beacons National Park Authority’s or Natural Resources Wales’ (as the case may be) attention to the procedure set out in paragraphs (1)-(3) of this Schedule and state that any comments must be provided to the relevant planning authority within 21 days if they are to be considered by the relevant planning authority.

(6) Where an application is made to the relevant planning authority for any consent, agreement or approval required by requirement 4(3), 10(1) or 16(1) (including agreement or approval in respect of part of a requirement), the relevant planning authority is not required to consider comments received from Brecon Beacons National Park Authority or Natural Resources Wales (as the case may be) more than 21 days after the date of the application.

(7) Where an application is made to the relevant planning authority for any consent, agreement or approval required by an article or requirement included in this Order and the relevant planning authority intends to consult Brecon Beacons National Park Authority or Natural Resources Wales in relation to that application the undertaker must as soon reasonable practicable comply with any direction from the relevant planning authority to provide a copy of the materials provided in support of the application to each body specified in the direction.