PART 2REQUIREMENT FOR INFRASTRUCTURE CONSENT

The requirement

19Requirement for infrastructure consent

The consent of the Welsh Ministers (“infrastructure consent”) is required for development to the extent that the development is or forms part of a significant infrastructure project.

20Effect of requirement for infrastructure consent

1

To the extent that infrastructure consent is required for development, none of the following is required for the development—

a

planning permission;

b

consent under section 36 or 37 of the Electricity Act 1989 (c. 29) (construction etc. of generating stations and installation of overhead lines);

c

authorisation under the following Parts of the Historic Environment (Wales) Act 2023 (asc 3)—

i

Part 2 (works affecting scheduled monuments: class authorisations and authorisation by scheduled monument consent);

ii

Part 3 (works affecting listed buildings: authorisation by listed building consent);

iii

Part 4 (demolition of buildings in conservation areas: authorisation by conservation area consent).

2

To the extent that infrastructure consent is required for development, the development may not be authorised by any of the following—

a

an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders in relation to harbours, docks and wharves);

b

an order under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders as to railways, tramways, inland waterways etc.).

3

If infrastructure consent is required for the construction, improvement or alteration of a highway, none of the following may be made or confirmed in relation to the highway or in connection with the construction, improvement or alteration of the highway—

a

an order under section 10 of the Highways Act 1980 (c. 66) (general provisions as to trunk roads) directing that the highway should become a trunk road;

b

an order under section 14 of that Act (supplementary orders relating to trunk roads and classified roads);

c

a scheme under section 16 of that Act (schemes authorising the provision of special roads);

d

an order under section 18 of that Act (supplementary orders relating to special roads);

e

an order or scheme under section 106 of that Act (orders and schemes providing for construction of bridges over or tunnels under navigable waters);

f

an order under section 10‍8 of that Act (orders authorising the diversion of navigable watercourses);

g

an order under section 6 of the New Roads and Street Works Act 1991 (c. 22) (toll orders).

4

If infrastructure consent is required for the construction, improvement or alteration of a highway, section 110 of the Highways Act 1980 (c. 66) (power to authorise diversion of non-navigable waters) does not apply in relation to the highway or in connection with the construction, improvement or alteration of the highway.