The North London Heat and Power Generating Station Order 2017

Article 37

SCHEDULE 3 PROCEDURE FOR APPROVALS, CONSENTS AND APPEALS

Applications made for approvals and consents required by this Order

1.—(1) If an application has been made to a discharging authority for any consent, agreement, approval or notice required by a provision of this Order, the discharging authority must give notice to the undertaker of its decision on the application promptly and in any event within a period of 56 days (unless another period is provided for under this Order) beginning with the working day immediately following that on which the application is received by the discharging authority.

(2) The discharging authority must either approve or refuse the application in a written notice.

(3) Where an application is refused the discharging authority must provide its reasons for the refusal.

(4) If within 56 days (unless another period is provided for under this Order) the discharging authority has not notified the undertaker of its approval or refusal of the application and the reasons for any refusal, the discharging authority is (unless the parties have agreed otherwise in writing) deemed to have approved the application.

(5) Where the discharging authority intends to refuse an application, it must notify the undertaker of its intention to refuse as soon as such intention arises within the 56-day decision making period.

Further information

2.—(1) In relation to any application for a consent, agreement, approval or notice in respect of a provision of this Order, subject to sub-paragraph (3) the discharging authority may request such further information from the undertaker as is necessary to enable it to consider the application.

(2) Where consent, agreement, approval or notice is required under a provision in this Order or by the code of construction practice (unless this Order or the code of construction practice requires that a consent be obtained pursuant to section 61 of the Control of Pollution Act 1974(1)), the discharging authority must, in addition to any named consultee in the relevant provision, consult all other relevant and appropriate statutory consultees before deciding whether to approve or refuse an application under paragraph 1.

(3) Any request by the discharging authority for further information under sub-paragraph (1) must be made in writing within 24 days of receipt of the application and must specify the further information required.

(4) In the event that the discharging authority does not make a request for further information under this paragraph within the 24 day period referred to in sub-paragraph (3) it will be deemed to have sufficient information to consider the application and may not after that period request further information (unless agreed in writing between the undertaker and the discharging authority within that 24 day period).

Fees further to Requirements

3.—(1) Where an application is made to the discharging authority for written consent, agreement or approval in respect of a Requirement, a fee must be paid to that authority as follows—

(a) fees must be calculated in accordance with the following table—

Category 1

Category 2

Subject to the cap stated below, the erection of buildings— where no floor space is to be created by the development, £195; where the area of gross floor space to be created by the development does not exceed 40 square metres, £195; where the area of the gross floor space to be created by the development exceeds 40 square metres, but does not exceed 75 square metres, £385; where the area of the gross floor space to be created by the development exceeds 75 square metres, but does not exceed 3750 square metres, £385 for each 75 square metres of that area; and where the area of gross floor space to be created by the development exceeds 3750 square metres, £19,449; and an additional £115 for each additional 75 square metres. Total Cap: £100,000.

The carrying out of any operations not coming within Category 1, £195 for each 0.1 hectare of the site area, subject to a maximum £1,690.

(b) where an application is made for the discharge of a Requirement (“current application”) in respect of which an application has been made previously, the fee payable in respect of the current application is £385.

(2) For the purpose of the calculation of fees under sub-paragraph (1)(a)—

(a) the area is to be taken as consisting of the area of land or floor space (as the case may be) to which the application relates;

(b) where the application relates to development within Category 1, the area of gross floor space created by the development is to be ascertained by external measurement of the floor space, whether or not it is bounded (wholly or partly) by external walls of a building;

(c) where the application relates to development within Category 1 and the gross floor space to be created by the development exceeds 75 square metres and is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floorspace by the figure of 75 is to be treated as being 75 metres; and

(d) where the application relates to development within Category 2 and the site area exceeds 0.1 hectares and is not an exact multiple of 0.1 hectares, the area remaining after division of the total number of hectares by the figure of 0.1 hectares is to be treated as being 0.1 hectares.

Appeals

4.—(1) Save as otherwise provided in this Order, the undertaker may appeal in the event that—

(a) the discharging authority refuses an application for any consent, agreement, approval or notice required or permitted by—

(i) a Requirement included in this Order; or

(ii) a document referred to in any Requirement included in this Order (unless such consent, agreement, approval or notice has to be obtained by virtue of any other legal requirement); or

(iii) any other provision of this Order;

(b) the discharging authority grants an application for any consent, agreement, approval or notice required or permitted by this Order subject to conditions;

(c) the discharging authority issues a notice under sections 60 and or 61 of the Control of Pollution Act 1974;

(d) on receipt of a request for further information under paragraph 2 of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(e) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

(2) The appeal process is as follows—

(a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination giving rise to the appeal as referred to in sub-paragraph (1);

(b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any Requirement consultee and must on the same date affix a notice to a conspicuous object or objects on or near the site of the works which are the subject of such appeal which must give details of the decision of the discharging authority and of the application and notice that an appeal has been made together with the address within the locality where appeal documents may be inspected;

(c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person’s attention should be sent;

(d) the discharging authority and any Requirement consultee (if applicable) must submit their written representations together with any other representations received by them under the application referred to in sub-paragraph (1) or the notice of appeal referred to in sub-paragraph (2)(a) to the appointed person in respect of the appeal within 10 business days of the notice of appointment in sub-paragraph (2)(c) and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(e) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to sub-paragraph (2)(d); and

(f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

(3) The appointment of the person under sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

(5) Any further information required under sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the date by which the further information is to be submitted but must otherwise be in accordance with the process and time limits set out in paragraphs 4(2)(c) - (2)(e).

(6) On an appeal under this paragraph, the appointed person may—

(a) allow or dismiss the appeal, or  

(b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

(7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the appointed person’s sole discretion such written representations as have been sent out with the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(10) If an approval is given by the appointed person under this Schedule, it is to be treated as an approval for the purposes of this Order as if it had been given by the discharging authority. The discharging authority must confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not be taken to affect or invalidate the effect of the appointed person’s determination.

(11) Save where a direction is given under sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

(12) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Planning Practice Guidance or any circular or guidance which may from time to time replace it.

(1)

1974 c.40. Section 61 has been amended by the Building (Scotland) Act 2008; section 58 of the Building Act 1984 (c.55); Schedule 24 of the Environment Act 1995 (c.25); and section 162(1) of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 (c.25).