40.—[F1(1) This Part applies where a decision in relation to a secondary consent is made by—
(a)the Welsh Ministers—
(i)by virtue of section 62F(2) of the 1990 Act; or
(ii)under any other enactment where the Welsh Ministers consider that the secondary consent is connected to an application under section 62D of the 1990 Act; or
(b)an appointed person by virtue of regulation 11A(a).]
(2) For the purposes of this Part references to the 2016 Order are references to the 2016 Order as at the date these Regulations come into force.
Textual Amendments
F1Reg. 40(1) substituted (1.4.2019) by The Developments of National Significance (Wales) (Amendment) Regulations 2019 (S.I. 2019/288), regs. 1, 2(12)
Commencement Information
41. Where the 2016 Order is applied by a Schedule to these Regulations either with or without modifications, in addition to any modifications in that Schedule, the Order is read as if—
(a)in article 5 after paragraph (1) there is inserted—
“(1A) An applicant must notify the Welsh Ministers and the relevant person(1) of all the secondary consents(2) the applicant intends to apply for and whether the applicant intends to apply to the Welsh Ministers or the relevant person.”;
(b)after article 12(7) there is inserted—
“(7A) Where the Welsh Ministers receive an application for a secondary consent they must as soon as practicable notify the relevant person of its receipt.”;
(c)after article 12 there is inserted—
“12A. On the day on which the applicant makes an application the applicant must submit to the Welsh Ministers applications for all secondary consents that the applicant wishes the Welsh Ministers to determine.”;
(d)in article 18(1) after “An application” there is inserted “and an application for a secondary consent”;
(e)in article 18 after paragraph (3) there is inserted—
“(3A) The Welsh Ministers must notify the community council for the area in which the land to which the application for a secondary consent relates is situated.”;
(f)in article 22 after paragraph (5) there is inserted—
“(6) For the purposes of this article the relevant person is a specialist consultee.”;
(g)article 24 is omitted;
(h)in article 27—
(i)in paragraph (1) after “Subject to the following provisions of this article, an application” there is inserted “and an application for a secondary consent”;
(ii)in paragraph (2) after “a particular application” there is inserted “and an application for a secondary consent”.
42. Schedule 2 applies where the secondary consent is a consent under section 2(3) of the Ancient Monuments and Archaeological Areas Act 1979 (control of works affecting scheduled monuments)(3).
43. Schedule 3 applies where the secondary consent is a consent under section 178(1) of the Highways Act 1980 (restriction on placing rails, beams etc. over highways)(4).
44. Schedule 4 applies where the secondary consent is a consent under section 8(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (authorisation of works: listed building consent)(5).
45. Schedule 5 applies where the secondary consent is a consent under section 74(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas)(6).
46. Schedule 6 applies where the secondary consent is a consent under—
(a)section 4(1) of the Planning (Hazardous Substances) Act 1990(7) (requirement of hazardous substances consent);
(b)section 13(1) of that Act (application for hazardous substances consent without condition attached to previous consent); and
(c)section 17(1) of that Act (revocation of hazardous substances consent on change of control of land).
47. Schedule 7 applies where the secondary consent is planning permission under section 57(1) of the 1990 Act (planning permission required for development).
48. Schedule 8 applies where the secondary consent is—
(a)an order under section 247(1) of the 1990 Act (highways affected by development: orders by Secretary of State) and the Welsh Ministers are satisfied that an order should be made under that section;
(b)an order under section 248(2) of the 1990 Act (highways crossing or entering route of proposed new highway, etc.) and it appears to the Welsh Ministers that an order under that section is expedient in the interests of users of the main highway (as defined in section 248(1)) or to facilitate the movement of traffic on the main highway;
(c)an order extinguishing a public right of way under section 251(1) of the 1990 Act (extinguishment of public rights of way over land held for planning purposes).
49. Schedule 9 applies where the secondary consent is a consent under section 16(1) of the Commons Act 2006 (deregistration and exchange: applications)(8).
50. Schedule 10 applies where the secondary consent is a consent under section 38(1) of the Commons Act 2006 (prohibition on works without consent).
See section 62G(2) of the 1990 Act for the meaning of “relevant person”.
See section 62H of the 1990 Act for the meaning of “secondary consent”.
Section 74(1) was amended by section 63 of, and paragraphs 7, 12(1) and (2) of Schedule 17 to, the Enterprise and Regulatory Reform Act 2013 (c. 24).