22.—(1) Where the undertaker has made an application for a specified consent to the discharging authority, the undertaker may in writing appeal to the Secretary of State in the event that the discharging authority—
(a)refuses the application;
(b)grants the specified consent subject to conditions;
(c)has not given notice to the undertaker of the discharging authority's decision on the expiry of the applicable period specified by paragraph 87(1);
(d)requests the undertaker to provide further information in accordance with paragraph 88(1) and the undertaker considers that provision of any of the required information is not necessary to determination of the application;
(e)has—
(i)received further information from the undertaker in response to a request made under paragraph 88(1);
(ii)notified the undertaker that information provided is inadequate; and
(iii)requests additional information which the undertaker considers is not necessary for consideration of the application.
(2) An appeal made under sub-paragraph (1)(a), (b), (d) or (e), must be made within 42 days of the date of the notice of the relevant decision or (as the case may be) request.
(3) An appeal made under sub-paragraph (1)(c) must be made within 42 days of the expiry of the applicable period specified by paragraph 87(1).
(4) The appeal process is as follows:
(a)the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and the requirement consultees;
(b)as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person's attention should be sent;
(c)the discharging authority and the requirement consultees must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under sub-paragraph (b) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;
(d)the appeal parties must make any counter-submissions to the appointed person within 20 business days of receipt of written representations under sub-paragraph (c);
(e)The appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.
(5) The appointment of the person under sub-paragraph (4)(b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.
(6) If the appointed person considers that further information is necessary to enable consideration of the appeal, the appointed person must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.
(7) Any further information required under sub-paragraph (6) is to be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 business days of that date.
(8) The appointed person may at any time extend any deadline specified in this Part of this Schedule.
(9) On an appeal under this paragraph, the appointed person may—
(a)allow or dismiss the appeal; or
(b)reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),
and may deal with the appeal as if the relevant application had been made to the appointed person in the first instance.
(10) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed by this Part of this Schedule, or as extended by the appointed person under sub-paragraph (8).
(11) The appointed person may proceed to a decision even though no written representations have been made within the prescribed time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.
(12) The decision of the appointed person on an appeal is to be final and binding on the appeal parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.
(13) If an approval is given by the appointed person under this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person's determination.
(14) Except where a direction is given under sub-paragraph (15) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the undertaker.
(15) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to any relevant provision of the Planning Practice Guidance as from time to time published by the Ministry of Housing, Communities and Local Government or any circular or guidance which may from time to time replace it.
Commencement Information
I1Sch. 2 para. 22 in force at 15.10.2020, see art. 1