Part 5 – Deciding applications for infrastructure consent
145.Part 5 of the Act contains provisions about deciding applications for infrastructure consent.
146.This Part makes provision about who decides an application for infrastructure consent made under section 32 (an “application”), about what the decision-maker must take into account when deciding an application, about the timetable for making the decision, and about making the decision.
Decision maker
Section 55 – Functions of deciding applications
147.Section 55 states that the examining authority has the function of deciding applications for infrastructure consent of a description specified in regulations and that the Welsh Ministers have the function of deciding any other application for infrastructure consent.
148.Subsection (4) provides that the Welsh Ministers may direct that an examining authority has the function of deciding the application instead of the Welsh Ministers, or that the Welsh Ministers have the function of deciding an application instead of an examining authority.
Statutory policies and other relevant matters
Section 56 – Deciding applications: general considerations
149.Section 56 provides that applications for infrastructure consent must be decided by having regard to any infrastructure policy statement that has effect in relation to development of the description to which an application relates (“relevant policy statement”), the National Development Framework for Wales (first published in 2019 with the title Future Wales: the National Plan 2040), so far as relevant to development of the description to which an application relates and a marine plan prepared and adopted by the Welsh Ministers (first published in 2019 with the title Welsh National Marine Plan). It further provides that any decision on an application for infrastructure consent must be made in accordance with the statutory policies listed in this section, unless relevant considerations indicate otherwise.
150.Subsection (2) provides that if a statutory policy document listed in this section identifies a location as suitable, or potentially suitable, for a particular development, this does not prevent a different decision on an application being made if other relevant considerations indicate this should be the case.
Section 57 – Duty to have regard to specific matters when making decisions on applications
151.Section 57 places a duty on the examining authority or the Welsh Ministers (as the case may be) to have regard to the following when deciding an application for infrastructure consent:
any local impact report or marine impact report submitted to the Welsh Ministers before the deadlines specified under sections 36 and 37,
any examination carried out under Part 4,
any matters specified in regulations in relation to development of the description to which the application relates,
the desirability of mitigating, and adapting to, climate change, and
any other relevant consideration.
Section 58 – Matters that may be disregarded when making decisions on applications
152.Section 58 provides that the Welsh Ministers or the examining authority may disregard representations in deciding an application for infrastructure consent, if they consider the representations to be:
vexatious or frivolous,
relate to the merits of policy set out in an infrastructure policy statement, the National Development Framework or any marine plan, or
relate to compensation for compulsory acquisition of land or of an interest in or right over land.
153.Regulations may amend the matters that may be disregarded in order to specify further matters or to change or remove matters specified in those regulations.
Timetable
Section 59 – Timetable for deciding application for infrastructure consent
154.Section 59 makes provision about the timetable for deciding applications for infrastructure consent. Subsection (1) states that the examining authority or the Welsh Ministers must decide an application before the end of the period of 52 weeks beginning with the day on which the application is accepted as a valid application or such other period agreed between the applicant and the Welsh Ministers.
155.Section 59(2) gives the Welsh Ministers the power to extend, by direction, the periods for deciding an application mentioned in subsection (1). The Welsh Ministers may give more than one direction in relation to an application (allowing them to extend the decision period multiple times) and may give a direction after the end of the periods mentioned in subsection (1).
156.Subsection (4) requires the Welsh Ministers to notify the applicant and other persons specified in regulations of the direction, to publish the direction and to lay a statement about the direction before Senedd Cymru explaining its effect and why it was given.
157.Subsection (5) requires the Welsh Ministers to provide the Senedd with annual reports on the compliance with the duty imposed by subsection (1) and the exercise of the functions conferred by subsection (2).
158.Subsection (6) allows the period of 52 weeks mentioned in subsection (1)(a) to be amended by regulations.
The decision
Section 60 – Grant or refusal of infrastructure consent
159.When the Welsh Ministers have decided an application, section 60 requires the Welsh Ministers to either make an order granting infrastructure consent or refuse infrastructure consent.
160.When an examining authority has decided an application, this section requires it to either notify the Welsh Ministers of its decision that an order granting infrastructure consent is to be made or refuse infrastructure consent.
161.Where the Welsh Ministers receive a notification from the examining authority that an infrastructure consent order is to be made, the Welsh Ministers must make the order.
162.This section also specifies that where infrastructure consent is either granted or refused, applicants, relevant local planning authorities and community councils, Natural Resources Wales (where a marine impact report has been submitted) and any other person or persons of a description specified in regulations, must be notified of the decision.
163.Regulations under this section may make provision regulating the procedure to be followed if the Welsh Ministers propose to make an infrastructure consent order on terms which are materially different from those proposed in the application.
Section 61 – Development for which infrastructure consent may be granted
164.Section 61 specifies the development for which infrastructure consent may be granted.
165.Infrastructure consent may be granted for development for which an infrastructure consent is required, as well as “associated development”.
166.“Associated development” is development that is associated with development that requires infrastructure consent (or any part of it) and is wholly within Wales, wholly within the Welsh marine area, or wholly within Wales and the Welsh marine area.
167.The meaning of “Wales” and the “Welsh marine area” is explained at section 143 (general interpretation).
168.If infrastructure consent is granted for “associated development”, none of the consents mentioned in section 20 (as that section may be amended by section 21) are required to be obtained for the “associated development”.
Section 62 – Reasons for decision to grant or refuse infrastructure consent
169.Section 62 requires the Welsh Ministers to prepare a statement of their reasons to either make an order granting infrastructure consent or refuse infrastructure consent. A copy of the statement must be sent to the applicant, any planning authority or community council that has submitted a local impact report to the Welsh Ministers in respect of the application, Natural Resources Wales if it has submitted a marine impact report to the Welsh Ministers in respect of the application and any person or person of a description specified in regulations. The statement must be published in such manner as the Welsh Ministers consider appropriate.
170.The section also requires the examining authority to prepare a statement of its reasons for deciding that an order granting infrastructure consent is to be made or refused. A copy of the statement must be sent to the applicant, any planning authority or community council that has submitted a local impact report to the Welsh Ministers in respect of the application, Natural Resources Wales if it has submitted a marine impact report to the Welsh Ministers in respect of the application and any person or person of a description specified in regulations. The statement must be published in such manner as the examining authority considers appropriate.
