The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

Time periods for decision

23.—(1) Subject to paragraph (4), where a valid application (within the meaning in article 8) has been received by the Secretary of State, he must, within the period specified or referred to in paragraph (2), give the applicant notice of his decision.

(2) The period specified or referred to in this paragraph is—

(a)in relation to a relevant application for EIA development, 16 weeks beginning with the day immediately following that on which the application is received by the Secretary of State;

(b)in relation to any other relevant application, 13 weeks beginning with the day immediately following that on which the application is received by the Secretary of State; or

(c)such extended period as may be agreed in writing between the applicant and the Secretary of State.

(3) Where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured—

(a)sub-paragraphs (a) and (b) of paragraph (2) have effect as if for “the application is received by the Secretary of State” there were substituted “the Secretary of State is satisfied that he has received the full amount of the fee”; and

(b)sub-paragraph (c) of that paragraph have effect as if at the end there were added “once the Secretary of State is satisfied that he has received the full amount of the fee”.

(4) Subject to paragraph (5), the Secretary of State must not determine a relevant application, where any notice of, or information about, the application has been—

(a)given by site display under article 9 or 14, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(b)served on—

(i)an owner of the land or a tenant of an agricultural holding under article 9; or

(ii)an adjoining owner or occupier under article 14,

before the end of the period of 21 days beginning with the date when the notice was served on that person;

(c)published in a newspaper under article 9 or 13, within the period of 14 days beginning with the date on which the notice was published; or

(d)published on a website under article 13(1), within the period of 21 days beginning with the date on which the information was published.

(5) Where, under paragraph (4), more than one of the periods applies, the Secretary of State must not determine the application before the end of the later or latest of such periods.