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Localism Act 2011
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137Acceptance of applications for development consent
This section has no associated Explanatory Notes
(1)The Planning Act 2008 is amended as follows.
(2)In section 55(3) (conditions for acceptance of application) omit paragraphs (b) and (d) (application may be accepted only if it complies with requirements as to form and contents and with any standards set, and gives reasons for any failure to follow applicable guidance).
(3)In section 55(3) after paragraph (e) insert “, and
(f)that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.”
(4)In section 55 after subsection (5) insert—
“(5A)The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must have regard to the extent to which—
(a)the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5), and
(b)any applicable guidance given under section 37(4) has been followed in relation to the application.”
(5)In section 37(3) (requirements as to form and contents of application) after “must” insert “, so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory”.
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