PART 6INFRASTRUCTURE CONSENT ORDERS

Provision in orders: specific limitations and powers

84Removing consent requirements and deeming consents

1

If a condition in subsection (2) or (3) is met, an infrastructure consent order may include provision that—

a

removes a requirement for a specified consent of a relevant authority to be granted;

b

deems a specified consent of a relevant authority to have been granted.

2

The condition is that the relevant authority has consented to the inclusion of the provision before the end of the specified period.

3

The condition is that the relevant authority has not refused to give consent for the provision to be included before the end of the specified period.

4

Regulations may provide exceptions to the requirement to meet the conditions in subsections (2) and (3).

5

In this section—

  • consent” (“cydsyniad”) means—

    1. a

      a consent or authorisation that is required, under an enactment, to be obtained for development,

    2. b

      a consent or authorisation, that—

      1. i

        may authorise development, and

      2. ii

        is given under an enactment, or

    3. c

      a notice that is required by an enactment to be given in relation to development;

  • relevant authority” (“awdurdod perthnasol”) means the authority that would otherwise have the function of deciding whether to grant the specified consent;

  • specified” (“penodedig”) means specified in regulations.