Part 6Deciding applications for orders granting development consent
Chapter 1Handling of application by Commission
55Acceptance of applications
(1)
The following provisions of this section apply where the F1Secretary of State receives an application that purports to be an application for an order granting development consent.
(2)
(3)
(a)
that it is an application for an order granting development consent,
F3(b)
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(c)
that development consent is required for any of the development to which the application relates,
F4(ca)
that the applicant has complied with section 46 (duty to notify Secretary of State and others of proposed application), and
F5(d)
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F6(e)
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F7(f)
that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.
F8(4)
The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must take into account—
(a)
the extent to which the application complies with section 37(3) (form and contents of application),
(b)
the extent to which any applicable guidance under section 37(4) has been followed in relation to the application,
(c)
the extent to which the application complies with any standards set under section 37(5) (standards for documents etc accompanying application),
(d)
the applicant’s approach to satisfying section 48 (duty to publicise), and
(e)
the extent to which the applicant has had regard to any advice given under section 51 in connection with the application (or the proposed application that has become the application).
(4A)
In considering the matter in subsection (4)(d), the Secretary of State must take into account the extent to which the applicant has had regard to any guidance under section 50(1).
F9(5)
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F10(5A)
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F11(6)
The Secretary of State must notify the applicant of the decision under subsection (2).
(7)
If the Secretary of State decides under subsection (2) not to accept the application, the Secretary of State must—
(a)
prepare a statement of the Secretary of State’s reasons for that decision,
(b)
provide a copy of the statement to the applicant, and
(c)
publish the statement in such form and manner as the Secretary of State thinks appropriate.
(8)
If in response the applicant modifies (or further modifies) the application, subsections (2) to (7) then apply in relation to the application as modified.