Procedure in relation to certain approvals, etc. under Requirements
4
1
Where an application is made to the relevant planning authority for any consent, agreement or approval required by a Requirement, the following provisions, so far as they relate to a consent, agreement or approval of a local planning authority, apply as if the Requirement were a condition imposed on a grant of planning permission—
a
sections 78 and 79 of the Town and Country Planning Act 1990 (right of appeal in relation to planning decisions);
b
any orders, rules or regulations that make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on the grant of planning permission,
insofar as those provisions are not inconsistent with the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 or any orders, rules or regulations made under the Planning Act 2008.
2
For the purposes of paragraph (1), a provision relates to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission insofar as it provides in relation to—
a
an application for such a consent, agreement or approval;
b
the grant or refusal of such an application; or
c
a failure to give notice of a decision on such an application.
1990 c.8. Section 78 was amended by section 17 of the Planning and Compensation Act 1991 (c.34); section 43(2) of the Planning and Compulsory Purchase Act 2004 (c.5); paragraph 3 of Schedule 10, and paragraph 2 of Schedule 11, to the Planning Act 2008; section 123(3) of, and paragraph 11 of Schedule 12 to, the Localism Act 2011; paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c.27); and paragraph 12 of Schedule 4 to the Infrastructure Act 2015 (c.7). Section 79 was amended by section 18 of, and paragraph 19 of Schedule 7 to, the Planning and Compensation Act 1991 and by paragraph 4 of Schedule 10 to the Planning Act 2008.
Art. 4 in force at 12.2.2016, see art. 1