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.