PART 4MISCELLANEOUS AND GENERAL

Discharge of requirements etc.

54.—(1) Save as provided otherwise by this Order, paragraph 4 of schedule 17 (procedure for discharge of requirements etc. and appeals) shall have effect in relation to all consents, agreements, approvals or notices granted, refused or withheld in relation to—

(a)the requirements set out in Schedule 3 (requirements);

(b)any document referred to in any requirement set out in Schedule 3 (requirements); and

(c)the functions of the local authority set out in Sections 60 and or 61 of the Control of Pollution Act 1974.

(2) Save as provided otherwise by this Order, paragraphs 1, 2 and 3 of schedule 17 (procedure for discharge of requirements etc. and appeals) shall have effect in relation to applications made pursuant to the requirements set out in Schedule 3 (requirements).

(3) Save for applications made pursuant to paragraph 1 of Schedule 17 (procedure for discharge of requirements etc. and appeals), if, within 28 days (unless another period is provided for by this Order) after the application or request required or contemplated by any of the provisions of the Order has been submitted to the authority or owner, it has not notified the undertaker of its disapproval and the grounds of disapproval, it shall (unless the parties have agreed otherwise) be deemed to have refused the application or request and save as otherwise provided for by this order the applicant in each case may appeal further to paragraph 4 of Schedule 17.

(4) Where an application is made to or request is made of the relevant planning authority, a highway authority, a street authority or the owner of a watercourse, sewer or drain, for any consent, agreement, approval or notice required or contemplated by any of the provisions of the Order such consent, agreement or approval shall, if given, be given in writing and shall not be unreasonably withheld.