PART 3E+WAPPLYING FOR INFRASTRUCTURE CONSENT
Assistance for applicantsE+W
27Provision of pre-application servicesE+W
(1)Regulations may make provision for or in connection with the provision of pre-application services by a planning authority, Natural Resources Wales or the Welsh Ministers, including provision about—
(a)the circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request);
(b)the nature of the services required to be provided, and when and how they are to be provided;
(c)the publication of a statement giving information about the range of pre-application services provided by a planning authority, Natural Resources Wales or the Welsh Ministers;
(d)other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations.
(2)References in this Act to pre-application services are to services provided to a person for the purpose of assisting the person in applying for an infrastructure consent order.
28Obtaining information about interests in landE+W
(1)Where a person is applying, or proposes to apply, for an infrastructure consent order subsections (2) and (3) apply for the purpose of enabling the person (“the applicant”) to comply with provisions of, or made under, section 29, section 30 and sections 64 to 72.
(2)The Welsh Ministers may authorise the applicant to serve a notice on a person specified in subsection (4) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is one or more of the following—
(a)an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;
(b)a person interested in the land;
(c)a person having power—
(i)to sell and convey the land, or
(ii)to release the land.
(3)The Welsh Ministers may authorise the applicant to serve a notice on a person specified in subsection (4) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is a person who, if the order sought by the application or proposed application were to be made and fully implemented, would or might be entitled to make a relevant claim—
(a)as a result of the implementing of the order,
(b)as a result of the order having been implemented, or
(c)as a result of the use of the land once the order has been implemented.
(4)The persons are—
(a)an occupier of the land;
(b)a person who has an interest in the land as freeholder, mortgagee or lessee;
(c)a person who directly or indirectly receives rent for the land;
(d)a person who, in pursuance of an agreement between that person and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.
(5)Regulations may make provision about a notice under subsection (2) or (3), including provision about—
(a)the form and content of a notice;
(b)how a notice is to be given;
(c)the timescale for responding to a notice.
(6)A person commits an offence if the person fails without reasonable excuse to comply with a notice under subsection (2) or (3) served on the person.
(7)A person commits an offence if, in response to a notice under subsection (2) or (3) served on the person—
(a)the person gives information which is false in a material particular, and
(b)when the person does so, the person knows or ought reasonably to know that the information is false.
(8)A person guilty of an offence under this section is liable on summary conviction to a fine.
(9)In subsections (2) to (4) “the land” means—
(a)the land to which the application, or proposed application, relates, or
(b)any part of that land.
(10)Any other expression that appears in either of paragraphs (b) and (c) of subsection (2) and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in those paragraphs the meaning that it has in section 5(1) of that Act.
(11)In subsection (4) as it applies for the purposes of subsection (3) “the land” also includes any relevant affected land (see subsection (12)).
(12)Where the applicant believes that, if the order sought by the application or proposed application were to be made and fully implemented, there would or might be persons entitled—
(a)as a result of the implementing of the order,
(b)as a result of the order having been implemented, or
(c)as a result of the use of the land once the order has been implemented,
to make a relevant claim in respect of any land or in respect of an interest in any land, that land is “relevant affected land” for the purposes of subsection (11).
(13)In this section, “relevant claim” means—
(a)a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for compulsory purchase of land or not made for injurious affection resulting from compulsory purchase);
(b)a claim under Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works);
(c)a claim under section 101(3).
Pre-application procedureE+W
29Notice of proposed applicationE+W
(1)A person who proposes to make an application for infrastructure consent must notify the following of the proposed application—
(a)the Welsh Ministers;
(b)if the proposed development is in Wales, each planning authority for the area in which the proposed development is located;
(c)if the proposed development is located in an area for which there is a community council, the community council;
(d)each Member of the Senedd representing an area in which the proposed development is located;
(e)each Member of the House of Commons representing an area in which the proposed development is located;
(f)if the proposed development is in the Welsh marine area, Natural Resources Wales and each planning authority and community council the person considers appropriate;
(g)each Member of the Senedd and Member of the House of Commons the person considers appropriate;
(h)any other person or person of a description specified in regulations.
(2)The notice must comply with requirements specified in regulations.
(3)Regulations under subsection (2) may (among other requirements) include requirements relating to—
(a)the form and content of a notice;
(b)information, documents or other material that is to accompany a notice;
(c)how and when a notice is to be given.
(4)If the Welsh Ministers receive a notice that complies with the requirements specified in regulations under subsection (2), they must give notice to the person that the notification has been accepted.
(5)Regulations may make provision about the giving of notice by the Welsh Ministers under subsection (4), including (among other things) provision about—
(a)the form and content of the notice;
(b)how it is to be given;
(c)the period within which it is to be given (including provision about circumstances in which the Welsh Ministers may extend that period in a particular case).
(6)This section does not apply if the proposed application relates to infrastructure consent required by virtue of a direction made under section 22(1) following a qualifying request from a developer.
30Pre-application consultation and publicityE+W
(1)A person who proposes to make an application for infrastructure consent (“the applicant”) must carry out consultation on the proposed application.
(2)Regulations may make provision for, or in connection with, the consultation required under this section, including (among other things) provision—
(a)about the persons or persons of a description required to be consulted;
(b)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);
(c)about the matters to be consulted on, including (among other things) the benefits of the proposed development for people living in the area of the proposed development;
(d)about responding to the consultation (including provision requiring a person or description of person consulted to respond to the consultation or to respond to the consultation in a particular way, or to respond within a particular time);
(e)about the timetable in connection with carrying out the consultation;
(f)requiring a person consulted by virtue of paragraph (a) to prepare and publish a report about the person’s compliance with any requirement imposed by virtue of paragraph (d) or (e) (including the form and content of the report and the time at which it is to be made).
(3)The applicant must publicise the proposed application in the way specified in regulations.
(4)If section 29 applies to a proposed application, a step taken in respect of the proposed application before the date on which notice is given by the Welsh Ministers under section 29(4) is not to be treated as consultation or publicity under this section.
Prospective
31Change in the person who proposes to apply for infrastructure consentE+W
(1)The duties in section 29(1) and 30(1) do not apply to a person proposing to make an application for infrastructure consent (“person A”) if—
(a)notice has been given under section 29(1) by another person (“person B”) in respect of the same or substantially the same proposed development, and
(b)condition 1 or condition 2 applies.
(2)Condition 1 is that the notice given by person B specifies that the application for infrastructure consent in respect of the proposed development will be made by person A.
(3)Condition 2 is that arrangements for person A to make the application for infrastructure consent are made during or as a result of consultation on the proposed application under section 30 carried out by person B.
Application procedureE+W
32Applying for infrastructure consentE+W
(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.
Prospective
33Deciding on the validity of an application and notifying the applicantE+W
(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).
34Notice of accepted applications and publicityE+W
(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).
35Regulations about notices and publicityE+W
(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.
36Local impact reportsE+W
(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.
37Marine impact reportsE+W
(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.
38Notice of persons interested in land to which compulsory acquisition request relatesE+W
(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.
39Consultation post-application in relation to compulsory acquisitionE+W
(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.