Part 6Deciding applications for orders granting development consent
Chapter 5Decisions on applications
107Timetable for decisions
1
The decision-maker is under a duty to decide an application for an order granting development consent by the end of the period of 3 months beginning with the day after the start day.
2
The start day is—
a
in a case where a Panel is the decision-maker, the deadline for the completion of its examination of the application under section 98;
b
in a case where the Council is the decision-maker, the deadline for the completion of the single Commissioner's examination of the application under section 98;
c
in a case where the Secretary of State is the decision-maker by virtue of section 103(1), the day on which the Secretary of State receives a report on the application under section 74(2)(b) or 83(2)(b);
d
in a case where the Secretary of State is the decision-maker by virtue of section 113(2)(b), the deadline for the completion of the Secretary of State's examination of the application under section 113(2)(a).
3
The appropriate authority may set a date for the deadline under subsection (1) that is later than the date for the time being set.
4
The appropriate authority is—
a
in a case where a Panel or the Council is the decision-maker, the person appointed to chair the Commission;
b
in a case where the Secretary of State is the decision-maker, the Secretary of State.
5
The power under subsection (3) may be exercised—
a
more than once in relation to the same deadline;
b
after the date for the time being set for the deadline.
6
Where the power under subsection (3) is exercised other than by the Secretary of State—
a
the person exercising the power must notify the Secretary of State of what has been done and of the reasons for doing it, and
b
the Commission's report under paragraph 17 of Schedule 1 for the financial year in which the power is exercised must mention and explain what has been done.
7
Where the power under subsection (3) is exercised by the Secretary of State, the Secretary of State must—
a
notify each interested party of what has been done and of the reasons for doing it, and
b
lay before Parliament a report explaining what has been done.
8
A report under subsection (7)(b) must be published in such form and manner as the Secretary of State thinks appropriate.
9
“Interested party” means a person who is an interested party in relation to the application for the purposes of Chapter 4 (see section 102).