PART 2REQUIREMENT FOR INFRASTRUCTURE CONSENT

The requirement

I120Effect 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.