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Infrastructure (Wales) Act 2024

Transport

Section 7 – Highways

15.Section 7 provides that the construction of a highway is a Significant Infrastructure Project when:

  • the highway will be in Wales;

  • the Welsh Ministers will be the highway authority for the highway;

  • the highway will be a continuous length of more than 1 kilometre.

16.This section also states that the alteration of a highway is a Significant Infrastructure Project when:

  • the highway will be in Wales;

  • the Welsh Ministers will be the highway authority for the highway;

  • the alteration or improvement is likely to have a significant effect on the environment.

17.Subsections (4) to (6) specify when the construction, alteration or improvement of a highway is not a Significant Infrastructure Project.

Section 8 – Railways

18.Section 8 states that the construction of a railway is a Significant Infrastructure Project when:

  • the railway will start, end and remain in Wales,

  • the railway will be part of a network operated by an approved operator,

  • the railway will include a stretch of track that is a continuous length of more than 2 kilometres, and

  • the construction of the railway is not permitted development.

19.This section also states that the alteration of a railway is a Significant Infrastructure Project when:

  • the part of the railway to be altered is part of a railway that starts, ends and remains in Wales,

  • the railway is part of a network operated by an approved operator,

  • the alteration of the railway will include laying a stretch of track that is a continuous length of more than 2 kilometres, and

  • the construction of the railway is not permitted development.

20.Permitted development is development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (as it has effect from time to time).

21.This section does not apply to the construction or alteration of a railway to the extent that the railway forms part of a rail freight interchange (see section 9).

Section 9 – Rail freight interchanges

22.Section 9 specifies the circumstances when the construction of a rail freight interchange is a Significant Infrastructure Project. These are:

  • the land on which the rail freight interchange is situated must:

    • be in Wales, and

    • be at least 60 hectares in area,

  • the rail freight interchange must be capable of handling:

    • consignments of goods from more than one consignor and to more than one consignee, and

    • at least four goods trains per day,

  • the rail freight interchange must be part of the railway network in Wales,

  • the rail freight interchange must include warehouses to which goods can be delivered from the railway network in Wales either directly or by means of another form of transport, and

  • the rail freight interchange must not be part of a military establishment.

23.This section also specifies the circumstances when the alteration of a rail freight interchange is a Significant Infrastructure Project. These are:

  • the land on which the rail freight interchange is situated must be in Wales;

  • the rail freight interchange must be capable of handling:

    • consignments of goods from more than one consignor and to more than one consignee, and

    • at least four goods trains per day;

  • the rail freight interchange must be part of the railway network in Wales;

  • the rail freight interchange must include warehouses to which goods can be delivered from the railway network in Wales either directly or by means of another form of transport;

  • the rail freight interchange must not be part of a military establishment;

  • the alteration must increase by at least 60 hectares the area of the land on which the rail freight interchange is situated.

Section 10 – Harbour facilities

24.Section 10 specifies the circumstances when the construction of a harbour facility is a Significant Infrastructure Project. These are:

  • the project will be wholly in Wales, the Welsh marine area or both,

  • the project will not be, or will not form part of, a reserved trust port, and

  • the project can handle the embarkation or disembarkation of at least the relevant quantity of material per year.

25.Alterations to a harbour facility will be a Significant Infrastructure Project when the effect of the alteration is expected to be to increase by at least the relevant quantity of material per year the quantity of material handled by the harbour.

26.Subsections (3) to (6) set out what “the relevant quantity” is.

Section 11 – Airports

27.Section 11 specifies the circumstances when the construction of an airport in Wales or the Welsh marine area is a Significant Infrastructure Project. These are:

  • the airport will provide air passenger transport services for at least 1 million passengers per year, or

  • the airport will provide air cargo transport services for at least 5,000 air transport movements of cargo aircraft per year.

28.The section also specifies the circumstances when the alteration of an airport in Wales or the Welsh marine area is a Significant Infrastructure Project. These are:

  • the alteration will increase by at least 1 million per year the number of passengers for whom the airport can provide air passenger transport services, or

  • the alteration will increase by at least 5,000 per year the number of air transport movements of cargo aircraft for which the airport can provide air cargo transport services.

29.The section also provides the circumstances when permitted use of an airport in Wales or the Welsh marine area is a Significant Infrastructure Project. These are:

  • an increase of at least 1 million per year in the number of passengers for whom the airport is permitted to provide air passenger transport services, or

  • an increase of at least 5,000 per year in the number of air transport movements of cargo aircraft for which the airport is permitted to provide air cargo transport services.

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