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EnactedPlanning Act 2008

3rd reading in the Lords

18 Nov 20082 speechesView in Hansard ↗
  • Speaker
    Lord Taylor of HolbeachLord Taylor of HolbeachConservative
    Quote
    asked Her Majesty's Government: Further to the Written Answer by Baroness Andrews on 15 October (WA 53–55), how long undetermined applications may remain with the relevant deciding authorities before they are deemed invalid. [HL6155]
  • Quote
    If an applicant fails to provide the necessary environmental information required by the Town and Country Planning (Environmental Impact Assessment) (Mineral Permissions and Amendment) (England) Regulations 2008 within the required time period, planning permission is automatically suspended until such time as all the required information is provided. Further working of the mineral operations will then be a breach of planning control. Should the environmental information continue not to be provided, following suspension of two years the mineral planning authority will be under a duty to make a prohibition order ceasing those parts of the planning permission covered by the failure to provide that information. Where all the required environment information has been provided and a mineral planning authority fails to determine the relevant application within 16 weeks of receipt of that information, the applicant will have a right of appeal to the Secretary of State on the basis of non-determination.