Part 6Deciding applications for orders granting development consent

Chapter 1Handling of application by Commission

I155Acceptance of applications

1

The following provisions of this section apply where the F7Secretary of State receives an application that purports to be an application for an order granting development consent.

2

The F7Secretary of State must, by the end of the period of 28 days beginning with the day after the day on which F8the Secretary of State receives the application, decide whether or not to accept the application.

3

The F7Secretary of State may accept the application only if the F7Secretary of State concludes—

a

that it is an application for an order granting development consent,

F6b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

that development consent is required for any of the development to which the application relates,

F5d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

that the applicant has, in relation to a proposed application that has become the application, complied with Chapter 2 of Part 5 (pre-application procedure)F4, and

f

that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.

4

The F7Secretary of State, when deciding whether F9the Secretary of State may reach the conclusion in subsection (3)(e), must have regard to—

a

the consultation report received under section 37(3)(c),

b

any adequacy of consultation representation received by F9the Secretary of State from a local authority consultee, and

c

the extent to which the applicant has had regard to any guidance issued under section 50.

5

In subsection (4)—

  • “local authority consultee” means—

    1. a

      a local authority consulted under F1section 42(1)(b) about a proposed application that has become the application, or

    2. b

      the Greater London Authority if consulted under F2section 42(1)(c) about that proposed application;

  • “adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant's duties under sections 42, 47 and 48.

F35A

The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must have regard to the extent to which—

a

the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5), and

b

any applicable guidance given under section 37(4) has been followed in relation to the application.

6

If the F7Secretary of State accepts the application, F10the Secretary of State must notify the applicant of the acceptance.

7

If the F7Secretary of State is of the view that F11the application cannot be accepted, the Secretary of State must—

a

notify that view to the applicant, and

b

notify the applicant of F12the Secretary of State's reasons for that view.

8

If in response the applicant modifies (or further modifies) the application, subsections (2) to (7) then apply in relation to the application as modified.