Part 4Requirement for development consent

35AF1Timetable for deciding request for direction under section 35

1

This section applies if the Secretary of State receives a qualifying request from a person (“R”).

2

The Secretary of State must make a decision on the qualifying request before the primary deadline, subject to subsection (3).

3

Subsection (2) does not apply if, before the primary deadline, the Secretary of State asks R to provide the Secretary of State with information for the purpose of enabling the Secretary of State to decide—

a

whether to give the direction requested, and

b

the terms in which it should be given.

4

If R—

a

is asked under subsection (3) to provide information, and

b

provides the information sought within the period of 14 days beginning with the day on which R is asked to do so,

the Secretary of State must make a decision on the qualifying request before the end of the period of 28 days beginning with the day the Secretary of State receives the information.

5

In this section—

  • “the primary deadline” means the end of the period of 28 days beginning with the day on which the Secretary of State receives the qualifying request;

  • “qualifying request” has the meaning given by section F235ZA(11) .