PART 3

Amendment of article 23 (time periods for decisions)28.

(1)

Article 23 is amended in accordance with paragraphs (2) to (4).

(2)

In paragraph (2)—

(a)

after sub-paragraph (a) insert—

“(aa)

in relation to a relevant application for public service infrastructure development, 10 weeks beginning with the day immediately following that on which the application is received by the Secretary of State;”;

(b)

in sub-paragraph (b), for “sub-paragraph (a)” substitute—

  • “sub-paragraphs (a) or (aa),”.

(3)

For paragraphs (4) and (4A) substitute—

“(4)

Subject to paragraphs (4A), (4B) and (6), the Secretary of State must not determine a relevant application, where any notice of, or information about, the application has been—

(a)

published in a newspaper under article 9, within the period of 14 days beginning with the date when the notice was published;

(b)

served on an owner of the land or tenant of an agricultural holding under article 9, before the end of the period of 21 days beginning with the date when the notice was served on that person;

(c)

given by site display under article 9, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(d)

published in a newspaper under article 13, within the period of 14 days beginning with the date on which the notice was published;

(e)

published on a website under article 13, within the period of 14 days beginning with the date on which the information was published;

(f)

served on an adjoining owner or occupier under article 14, before the end of the period of 21 days beginning with the date on which the notice was served on that person;

(g)

given by site display under article 14, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;

(h)

served on an infrastructure manager under article 14A, before the end of the period of 21 days beginning when with the date when then notice was first served on that person.

(4A)

When computing the number of days in sub-paragraphs (d) to (g) of paragraph (4), any day which is a public holiday must be disregarded.

(4B)

In the case of an EIA application accompanied by an environmental statement, the Secretary of State must not determine a relevant application, where any notice of, or information about, the application has been—

(a)

published on a website under article 13, within the period of 30 days beginning with the date on which the information was published;

(b)

published in a newspaper under article 13, within the period of 30 days beginning with the date on which the information was published;

(c)

given by site display under article 14, within the period of 30 days beginning with the date when the notice was first displayed by site display.”.

(4)

After paragraph (4B) insert—

“(6)

In the case of a relevant application for public service infrastructure development, in sub-paragraphs (f), (g) and (h) of paragraph (4), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days” .”.