3. 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; or
(b)the relevant planning authority does not give notice of its decision to the undertaker within the time period specified in paragraph 1;
and any appeal must be made within 42 business days following the occurrence of any of the events in sub-paragraphs (a) and (b).