The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

PART 2 Approval of matters specified in requirements

Applications made under requirements

1.  Where an application has been made to the relevant authority (“ the approving authority”) for any agreement or approval required pursuant to a requirement included in this Order, the approving authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 56 days beginning with—

(a) the day immediately following that on which the application is received by the approving authority;

(b) where further information is requested under requirement 37, the day immediately following that on which the further information has been supplied by the undertaker; or

(c) such longer period as may be agreed by the undertaker and the approving authority.

Further information

2.—(1) Where an application has been made under paragraph 1 the approving authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

(2) If the approving authority considers further information is needed, and the requirement does not specify that consultation with a requirement consultee is required, it must, within 21 days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the requirement indicates that consultation must take place with a consultee the approving authority must issue the consultation to the requirement consultee within seven days of receipt of the application. Where the consultee requires further information they must notify the approving authority in writing specifying the further information required within 21 days of receipt of the consultation. The approving authority must notify the undertaker in writing specifying any further information requested by the consultee within seven days of receipt of such a request.

(4) In the event that the approving authority does not give such notification as specified in sub- paragraphs ‎(2) or ‎(3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

(5) An approving authority may request further information under sub-paragraph ‎(1) on more than one occasion provided that all such requests are made within the period specified in sub- paragraphs ‎(2) and ‎(3).

Provision of information by Consultees

3.—(1) Any consultee who receives a consultation under sub-paragraph 2(3) must respond to that request within 28 days from receipt unless either sub-paragraph ‎(2) of this paragraph applies or a longer period is agreed with both the undertaker and the approving authority.

(2) Where any consultee requests further information in accordance with the timescales set out in sub-paragraph 2(3) then they must respond to the consultation within 14 days from the receipt of the further information requested unless a longer period is agreed with both the undertaker and the approving authority.

Fees

4.—(1) Where an application is made to the approving authority for agreement or approval in respect of a requirement the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012(1) (or any regulations replacing the same) is to be paid by the undertaker to the approving authority in accordance with these regulations.

(2) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of the application being rejected as invalidly made.

Appeal

5.—(1) The undertaker may appeal to the Secretary of State in the event that—

(a) the approving authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;

(b) the approving authority does not give notice of its decision to the undertaker within the time period specified in paragraph 1;

(c) on receipt of a request for further information under paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the approving authority is not necessary for the consideration of the application; or

(d) on receipt of any further information requested, the approving authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for the consideration of the application.

(2) The appeal process is to be as follows—

(a) any appeal by the undertaker must be made within 42 days of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 36(1), giving rise to the appeal referred to in sub-paragraph (1);

(b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);

(c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (the “appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph ‎(2);

(d) the relevant planning authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 21 days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(e) the appeal parties must make any counter-submissions to the appointed person within 21 days of receipt of written representations pursuant to sub-paragraph ‎(2)‎(d); and

(f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 42 days of the later of—

(i) the deadline for receipt of written representations pursuant to sub-paragraph ‎(2)‎(d); or

(ii) the deadline for the receipt of counter-submissions pursuant to sub-paragraph ‎(2)‎(e).

(3) The appointment of the person pursuant to sub-paragraph ‎(2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph ‎(2).

(5) Any further information required under sub-paragraph ‎(4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the relevant planning authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 12 days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs ‎(2)(d) to ‎(2)(f).

(6) On an appeal under this sub-paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not).

(7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case and may deal with the application as if it had been made to the appointed person in the first instance.

(9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(10) If an approval is given by the appointed person pursuant to this article, it is to be deemed to be an approval for the purpose of Schedule 2 as if it had been given by the approving authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

(11) Save where a direction is given pursuant to sub-paragraph ‎(12) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

(12) On application by the approving authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

(1)

S.I. 2012/2920.