Infrastructure (Wales) Act 2024

Application procedure

32 Applying for infrastructure consent

(1) Infrastructure consent may be given only if an application is made for it.

(2) An application for infrastructure consent must be made to the Welsh Ministers.

(3) An application for infrastructure consent must—

(a) specify the development to which it relates;

(b) include a draft infrastructure consent order;

(c) include a pre-application consultation report.

(4) Regulations may make provision about applications for infrastructure consent, including (among other things) provision about—

(a) the form and content of an application (including the required draft infrastructure consent order);

(b) how an application is to be made;

(c) information, documents or other materials that must be included in an application;

(d) processing an application;

(e) varying or withdrawing an application;

(f) notices relating to applications;

(g) the period within which an application must be made and extension of that period.

(5) Regulations under subsection (4) may confer a function, including a function involving the exercise of a discretion, on any person.

(6) In subsection (3)(c), “pre-application consultation report” means a report giving details of—

(a) how the applicant complied with section 30;

(b) the responses received from persons by virtue of section 30 and the account taken of the responses.

33 Deciding on the validity of an application and notifying the applicant

(1) Where the Welsh Ministers receive an application for infrastructure consent, they must decide whether or not to accept the application as a valid application.

(2) An application is a valid application if—

(a) it is received by the Welsh Ministers within the period specified in regulations under section 32(4)(g);

(b) it complies with the requirements imposed by or under section 32.

(3) If the Welsh Ministers accept the application the Welsh Ministers must give notice of the decision to the applicant.

(4) If the Welsh Ministers decide that the application cannot be accepted the Welsh Ministers must give notice of their decision to the applicant giving reasons for the decision.

(5) For the purposes of this Act an application is accepted as a valid application on the day on which the Welsh Ministers give the applicant a notice of the decision under subsection (1).

34 Notice of accepted applications and publicity

(1) This section‍ applies where the Welsh Ministers accept an application for infrastructure consent as a valid application.

(2) The Welsh Ministers must give notice of the application—

(a) in the case of an application for development in Wales—

(i) to‍ each planning authority for an area in which the proposed development is located;‍

(ii) if the proposed development is located in an area for which there is a community council, to the community council;

(iii) to each Member of the Senedd representing an area in which the proposed development is situated;

(iv) to each Member of the House of Commons representing an area in which the proposed development is situated;

(b) in the case of an application for development in the Welsh marine area—

(i) to Natural Resources Wales;

(ii) to‍ each planning authority and community council they consider appropriate;

(iii) to each Member of the Senedd and Member of the House of Commons they consider appropriate;

(c) to any‍ person or person of a description specified in regulations.

(3) The Welsh Ministers must publicise the application in the way specified in regulations.

(4) The Welsh Ministers must—

(a) specify in any notice or publicity under this section, and

(b) in any direction under subsection (10), require the applicant to specify in any notice or publicity required by the direction,

a deadline by which the Welsh Ministers must receive representations on the application.

(5) The deadline must be after the end of the minimum representation period specified in regulations.

(6) The Welsh Ministers must make available to the examining authority any representations they receive within the deadline specified in the publicity.

(7) The Welsh Ministers may—

(a) extend the deadline before it expires;

(b) extend the deadline more than once.

(8) Where the Welsh Ministers extend the deadlin‍e in respect of the application, they must—

(a) give a further notice under subsection 34(2) to the same persons,

(b) undertake further publicity under subsection (3), and

(c) if a direction was given under subsection (10), give a further direction under subsection (10) requiring the applicant to—

(i) give a further notice to the same persons, and

(ii) undertake further publicity in the same way.

(9) The Welsh Ministers must—

(a) specify in any further notice or further publicity, and

(b) in any further direction, require the applicant to specify in any further notice or further publicity,

the reasons for extending the deadline.

(10) The Welsh Ministers may direct the applicant to—

(a) notify a person or‍ person of a description specified in the direction of the application;

(b) publicise the application in the way specified in the direction.

(11) The duties in subsections (2) and (3) do not require the Welsh Ministers to do anything an applicant is required to do by a direction under subsection (10).

35 Regulations about notices and publicity

(1) Regulations may—

(a) in relation to a notice given under section 33 or 34, or representations on an application given under section 34, make provision about—

(i) the form and content of the notice or the representations;

(ii) how the notice or the representations are given;

(iii) the timescales for giving the notice and representations;

(b) impose requirements on‍ a person or person of a description specified in the regulations to respond to a notice under section 34(2);

(c) make provision about how a person may respond to publicity under section 34 and the timescales for responding;

(d) make provision about the publication of representations received in response to notice and publicity under section 34.

(2) Regulations under subsection (1) may confer a function, including a function involving the exercise of a discretion, on any person.

36 Local impact reports

(1) A planning authority must respond to a notice given under section 34(2)(a), and may respond to a notice given under section 34(2)(b), by submitting a local impact report in respect of the application to the Welsh Ministers before the deadline specified in the notice.

(2) A community council may respond to a notice given under section 34(2)(a) or (b) by submitting a local impact report to the Welsh Ministers before the deadline specified in the notice.

(3) A planning authority or community council may submit a local impact report otherwise than in response to a notice given under section 34(2) before the deadline specified in publicity under section 34(3).

(4) In this Act, a local impact report in respect of an application is a report in writing that—

(a) gives details of the likely impact of the proposed development on the area (or a part of the area) of the local planning authority or community council submitting the report, and

(b) complies with requirements specified in regulations about the form and content of a local impact report.

37 Marine impact reports

(1) If the draft order submitted with an application for infrastructure consent contains provision for a deemed marine licence Natural Resources Wales must respond to a notice given under section 34(2)(b) by submitting a marine impact report in respect of the application to the Welsh Ministers before the deadline specified in the notice.

(2) The Welsh Ministers may direct Natural Resources Wales to submit a marine impact report in respect of an application for infrastructure consent and Natural Resources Wales must submit the report within the deadline specified in the direction.

(3) Natural Resources Wales may submit a marine impact report in respect of an application for infrastructure consent otherwise than in response to a notice given under section 34(2)(b) or a direction given under subsection (2) before the deadline specified in publicity under section 34(3).

(4) In this Act, a marine impact report in respect of an application is a report in writing that—

(a) gives details of the likely impact of the proposed development on the marine environment, and

(b) complies with requirements specified in regulations about the form and content of a marine impact report.

(5) In this section, “the marine environment” includes—

(a) the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features);‍

(b) flora and fauna which are dependent on, or associated with, a marine or coastal environment.

38 Notice of persons interested in land to which compulsory acquisition request relates

(1) This section applies where—

(a) the Welsh Ministers have accepted an application for infrastructure consent as valid, and

(b) the application includes a request to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).

(2) The applicant must give to the Welsh Ministers a notice specifying the names, and such other information as may be specified in regulations, of each affected person.

(3) Notice under subsection (2) must be given in the form and manner specified in regulations.

(4) A person is an “affected person” for the purposes of this section if the applicant, after making diligent inquiry, knows that the person is interested in the land to which the compulsory acquisition request relates or any part of that land.

39 Consultation post-application in relation to compulsory acquisition

(1) Regulations may‍ make provision for and in connection with consultation by an applicant for infrastructure consent on an application for infrastructure consent that includes a request to authorise compulsory acquisition of land or of an interest in or right over land.‍

(2) Regulations under subsection‍ (1) may include (among other things) provision—

(a) requiring specified persons to be consulted;

(b) about the circumstances in which consultation is required;

(c) about how the consultation is to be carried out (including the form and content of documents, information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);

(d) about the timetable in connection with carrying out the consultation.