Section 68

In determining for the purposes of section 78 of the Act (right to appeal against planning decisions and failure to take such decisions) the time which has elapsed without the relevant planning authority giving notice to the applicant of their decision in a case where— no account shall be taken of any period before the issuing of the direction. the authority has notified an applicant in accordance with regulation 11(1) that the submission of an environmental statement is required; and the Secretary of State has given a screening direction in relation to the development in question, Subject to paragraph (3), where it falls to an authority to determine an EIA application, articles 27 (applications made under planning condition) and 34 (time periods for decision) of the Order shall have effect as if for each of the references in article 27(2) and 34(2)(a) and (b) to a period of 8 and 13 weeks respectively there were substituted a reference to a period of 16 weeks. Where it falls to an authority to determine an application for technical details consent for EIA development, article 34 (time periods for decisions) of the Order shall have effect as if for each reference in article 34(2) to a period of 5 or 10 weeks respectively there were substituted a reference to a period of 16 weeks.

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Source: legislation.gov.uk · retrieved 2026-07-30