Planning Act 2008

[F1 35A Timetable for deciding request for direction under section 35 E+W+S

(1) This section applies if the Secretary of State receives a qualifying request from a person (“R”).

(2) The Secretary of State must make a decision on the qualifying request before the primary deadline, subject to subsection (3).

(3) Subsection (2) does not apply if, before the primary deadline, the Secretary of State asks R to provide the Secretary of State with information for the purpose of enabling the Secretary of State to decide—

(a) whether to give the direction requested, and

(b) the terms in which it should be given.

(4) If R—

(a) is asked under subsection (3) to provide information, and

(b) provides the information sought within the period of 14 days beginning with the day on which R is asked to do so,

the Secretary of State must make a decision on the qualifying request before the end of the period of 28 days beginning with the day the Secretary of State receives the information.

(5) In this section—

• “the primary deadline” means the end of the period of 28 days beginning with the day on which the Secretary of State receives the qualifying request;

• “qualifying request” has the meaning given by section [F2 35ZA(11) ] .]

Textual Amendments

F1 S. 35A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(10), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F2 Word in s. 35A(5) substituted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 26(3), 35(2)