Part 6

Deciding applications for orders granting development consent
Chapter 1

Handling of application by Commission

Acceptance of applications
55
1
The following provisions of this section apply where the Secretary of State receives an application that purports to be an application for an order granting development consent.
2
The Secretary of State must, by the end of the period of 28 days beginning with the day after the day on which the Secretary of State receives the application, decide whether or not to accept the application.
3
The Secretary of State may accept the application only if the Secretary of State concludes—
a
that it is an application for an order granting development consent,
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
that development consent is required for any of the development to which the application relates,
d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
that the applicant has, in relation to a proposed application that has become the application, complied with Chapter 2 of Part 5 (pre-application procedure), and
f
that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.
4
The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(e), must have regard to—
a
the consultation report received under section 37(3)(c),
b
any adequacy of consultation representation received by the Secretary of State from a local authority consultee, and
c
the extent to which the applicant has had regard to any guidance issued under section 50.
5
In subsection (4)—
- “local authority consultee” means—
  1. a local authority consulted under section 42(1)(b) about a proposed application that has become the application, or
  2. the Greater London Authority if consulted under section 42(1)(c) about that proposed application;
- “adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant's duties under sections 42, 47 and 48.
5A
The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must have regard to the extent to which—
a
the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5), and
b
any applicable guidance given under section 37(4) has been followed in relation to the application.
6
If the Secretary of State accepts the application, the Secretary of State must notify the applicant of the acceptance.
7
If the Secretary of State is of the view that the application cannot be accepted, the Secretary of State must—
a
notify that view to the applicant, and
b
notify the applicant of the Secretary of State's reasons for that view.
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.
S. 55 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
Words in s. 55(5) substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(4)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
Words in s. 55(5) substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(4)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
S. 55(5A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
S. 55(3)(f) and preceding word inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
S. 55(3)(d) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(2), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7
S. 55(3)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(2), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7
Words in s. 55 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(2); S.I. 2012/628, art. 7(a)
Words in s. 55(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)
Words in s. 55(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)
Words in s. 55(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)
Words in s. 55(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(4)(a); S.I. 2012/628, art. 7(a)
Words in s. 55(7)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(4)(b); S.I. 2012/628, art. 7(a)