22.—(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker, the relevant planning authority and the local highway authority of the decision on the application within a period of 8 weeks beginning with—
(a)the day immediately following that on which the application is received by the Secretary of State;
(b)the day immediately following that on which further information has been supplied by the undertaker under paragraph 23; or
(c)such longer period as may be agreed between the parties.
(2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
(3) Where—
(a)an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;
(b)the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and
(c)the application is accompanied by a report that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved,
then the application is taken to have been refused by the Secretary of State at the end of that period.
Commencement Information
I1Sch. 2 para. 22 in force at 19.2.2021, see art. 1