The Kemsley Mill K4 Combined Heat and Power Generating Station Order 2019

Procedure in relation to certain approvals, etc. under requirements

10.—(1) Where an application is made to the relevant planning authority for any consent, agreement or approval required by a requirement, the following provisions, so far as they relate to a consent, agreement or approval of a local planning authority, apply as if the requirement were a condition imposed on a grant of planning permission—

(a) sections 78 and 79 of the 1990 Act(1) (right of appeal in relation to planning decisions);

(b) any orders, rules or regulations that make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on the grant of planning permission,

insofar as those provisions are not inconsistent with the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(2) or any orders, rules or regulations made under the 2008 Act.

(2) For the purposes of paragraph (1), a provision relates to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission insofar as it provides in relation to—

(a) an application for such a consent, agreement or approval;

(b) the grant or refusal of such an application; or

(c) a failure to give notice of a decision on such an application.

(1)

Section 78 was amended by paragraph 21 of Schedule 12 to the Housing and Planning Act 2016 (c.22). Section 79 was amended by paragraph 23 of that Schedule.

(2)

S.I. 2017/572.