Article 37
SCHEDULE 7E+WPROCEDURE FOR DISCHARGE OF REQUIREMENTS
Applications made under requirementsE+W
1.—(1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement the relevant planning authority must give notice to the undertaker of its decision on the application before the end of the decision period.
(2) For the purposes of sub-paragraph (1), the decision period is—
(a)where no further information is requested under paragraph 2, 42 days from the day immediately following that on which the application is received by the relevant planning authority;
(b)where further information is requested under paragraph 2, 42 days from the day immediately following that on which the further information has been supplied by the undertaker under paragraph 2; or
(c)such longer period as may be agreed by the undertaker and the relevant planning authority in writing before the end of the period in sub-paragraph (2) (a) or (b).
(3) Notice under sub-paragraph (1) above must be in writing and where the notice is a refusal the notice must provide the relevant planning authority's reasons for refusal.
Commencement Information
I1Sch. 7 para. 1 in force at 14.4.2020, see art. 1
Further informationE+W
2.—(1) In relation to any application to which this Schedule applies, the relevant planning authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.
(2) If the relevant planning authority considers such further information to be necessary it must, within 10 business days of receipt of the application, notify the undertaker in writing specifying the further information required.
(3) If the relevant planning authority does not give such notification as specified in sub-paragraph (2) it is to be deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.
Commencement Information
I2Sch. 7 para. 2 in force at 14.4.2020, see art. 1
FeesE+W
3.—(1) Where an application is made to the relevant planning authority for consent, agreement or approval in respect of a requirement, a fee of £116 is to be paid to that authority.
(2) Any fee paid under this Schedule must be refunded to the undertaker within 42 days of—
(a)the application being rejected as invalidly made; or
(b)the relevant planning authority failing to determine the application within the decision period as determined under paragraph 1,
unless within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application.
Commencement Information
I3Sch. 7 para. 3 in force at 14.4.2020, see art. 1
AppealsE+W
4.—(1) The undertaker may appeal in the event that—
(a)the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;
(b)the relevant planning authority does not give notice of its decision to the undertaker within the decision period specified in paragraph 1;
(c)on receipt of a request for further information under paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the relevant planning authority is not necessary for consideration of the application; or
(d)on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.
(2) The appeal process is as follows—
(a)any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period as determined under paragraph 1;
(b)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 relevant planning authority and the requirement consultees;
(c)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;
(d)the relevant planning 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 paragraph (c) 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; and
(e)the appeal parties must make any counter-submissions to the appointed person within 20 business days of receipt of written representations under sub-paragraph (2) (d).
(3) The appointment of the person pursuant to sub-paragraph (2) (c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.
(4) 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.
(5) Any further information required under sub-paragraph (4) is to be provided by the party from whom the information is sought to the appointed person and to 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.
(6) The appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.
(7) The appointed person may—
(a)allow or dismiss the appeal; or
(b)reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to the appointed person in the first instance.
(8) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the prescribed time limits, or set by the appointed person under this paragraph.
(9) 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.
(10) 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.
(11) If an approval is given by the appointed person under this Schedule, it is deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning 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.
(12) Except where a direction is given under sub-paragraph (13) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person are to be met by the undertaker.
(13) On application by the relevant planning 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 the Planning Practice Guidance on appeals published on 3 March 2014 from the Ministry of Housing, Communities and Local Government or any circular or guidance which may from time to time replace it.
Commencement Information
I4Sch. 7 para. 4 in force at 14.4.2020, see art. 1
Interpretation of Schedule 7E+W
5. In this Schedule—
“the appeal parties” means the relevant planning authority, the undertaker and any requirement consultees.
“business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971;
“requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the relevant planning authority in discharging that requirement.
Commencement Information
I5Sch. 7 para. 5 in force at 14.4.2020, see art. 1