SCHEDULE 5E+WEnvironmental permits

PART 1E+WGrant, variation, transfer and surrender of environmental permits

Modifications etc. (not altering text)

Time limits for determinationE+W

15.—(1) If—

(a)the regulator has not determined an application within the relevant period, and

(b)the applicant serves a notice on the regulator which refers to this paragraph,

the application is deemed to have been refused on the day on which the notice is served.

(2) Sub-paragraph (1) does not apply—

(a)to an application for the grant of an environmental permit that, if granted, would authorise the carrying on of a radioactive substances activity at a nuclear site, or

(b)to an application for the transfer of an environmental permit where the permit authorises the carrying on of a radioactive substances activity at a nuclear site.

(3) In sub-paragraph (1) “the relevant period” means a period, calculated in accordance with paragraph 16, of—

(a)in the case of an application for the transfer of an environmental permit in whole or in part, 2 months,

(b)in the case of an application for the grant or variation, in whole or in part, of an environmental permit relating to a stand-alone flood risk activity only, 2 months,

(c)in a case where paragraph 6 applies, 4 months, or

(d)in any other case, 3 months,

or in any case, a longer period than the period in paragraphs (a) to (d), if it is agreed by the regulator and the applicant.