105Circumstances in which approval is taken to have been refused

#### 105 Circumstances in which approval is taken to have been refused 105 Circumstances in which approval is taken to have been refused > > (1) If the council has not determined an application— > > > > > (a) within the period of 40 days after the application is lodged with it, except as provided by paragraph (b), or > > > > > (b) within the period of 80 days after the application is lodged with it in the case of an application for which the concurrence of a person or authority is required by or under this Act, > > > > the council is, for the purposes only of section 176, taken to have determined the application by refusing approval on the date on which that period expires. > > > (2) Nothing in subsection (1) prevents the council from determining an application after the expiration of the 40-day or 80-day period, whether on a review under section 100 or otherwise. > > > (3) A determination under subsection (2) does not prejudice or affect the continuance or determination of an appeal made under section 176 in respect of a determination that is taken under subsection (1) to have been made, subject to subsection (4). > > > (4) Where a determination under subsection (2) is made by granting approval, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 176 in respect of a determination that is taken by subsection (1) to have been made, withdrawn at any time before the appeal is determined. > > **s 105:** Am 1997 No 152, Sch 3 \[18\].