The Developments of National Significance (Wales) Regulations 2016

Application of and modification of primary legislation

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”.

(1)

See section 62G(2) of the 1990 Act for the meaning of “relevant person”.

(2)

See section 62H of the 1990 Act for the meaning of “secondary consent”.