The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

Procedure after completion of examination

43.—(1) Where the appropriate authority is the Commission, unless the Commission has delegated to the Examining body the function of determining an application, the Examining body must make a written report to the Commission.

(2) Where the appropriate authority is the Secretary of State, the Examining body must make a written report to the Secretary of State by the end of the period of 3 months beginning with the day after the deadline for completion of its examination of the application.

(3) The report must include the Examining body’s—

(a) findings and conclusions in respect of the application; and

(b) recommendation as to the decision to be made on the application.

(4) If after the completion of the Examining body’s examination, the appropriate authority—

(a) differs from the Examining body on any matter of fact mentioned in, or appearing to the appropriate authority to be material to, a conclusion reached by the Examining body; or

(b) takes into consideration any new evidence or new matter of fact,

and is for that reason disposed to disagree with a recommendation made by the Examining body, the appropriate authority shall not come to a decision which is at variance with that recommendation without—

(i) notifying all interested parties of the appropriate authority’s disagreement and the reasons for it; and

(ii) giving them an opportunity of making representations in writing to the appropriate authority in respect of any new evidence or new matter of fact.