Part 3 – Applying for infrastructure consent
58.Part 3 of the Act sets out the pre-application procedure, how an application for infrastructure consent is to be made to the Welsh Ministers and the requirements for publicity and notification. It also sets out procedures that relate to an application for infrastructure consent that requests the compulsory acquisition of land.
Assistance for applicants
Section 27 – Provision of pre-application services
59.Section 27 provides the Welsh Ministers with a power to make regulations about the provision of pre-application services by the Welsh Ministers, local planning authorities in Wales or Natural Resources Wales. Pre-application services are intended to assist prospective applicants prior to the submission of an application for infrastructure consent.
60.The power to make regulations includes the power to make provision regarding:
the circumstances in which pre-application services must be provided,
the form and content of a request for pre-application services, including the information required to be submitted with a request,
what services must be provided by the Welsh Ministers, local planning authorities and Natural Resources Wales, including when and how they are provided,
requirements for the Welsh Ministers, local planning authorities and Natural Resources Wales to publish the range of pre-application services they provide, and
other steps required to be taken by any person in relation to the provision of pre-application services.
Section 28 – Obtaining information about interests in land
61.Section 28 enables the Welsh Ministers to authorise a person applying (“
62.The recipient of a notice is required to give to the applicant in writing the name and address of any person the recipient believes is an owner or occupier of the land or has some interest in or power over the land.
63.The purpose of this requirement is to enable the applicant to comply with provisions of, or made under, section 29 (provisions about notice of proposed application), 30 (provisions about pre-application consultation and publicity), and sections 64 to 72 (provisions in orders authorising compulsory purchase).
64.The section also enables the Welsh Ministers to authorise the applicant to serve a notice requiring the recipient to give to the applicant in writing the name and address of any person the recipient believes would be entitled to make a claim for compensation if the application for infrastructure consent were to be approved and development were to take place.
65.The section enables the Welsh Ministers to make regulations about a notice given under this section and sets out under subsection (4) persons required to be notified where there is a proposed application or application for infrastructure consent that includes a compulsory acquisition request.
66.This section makes it an offence where a person has failed without reasonable excuse to comply with a notice given under the section, in the case where they have provided false information. The offence is a summary offence and is punishable following conviction by a fine.
67.Where the offence is committed by a corporate body, officers of that body can be held liable for the offence also: see section 135.
Pre-application procedure
Section 29 – Notification of proposed application
68.Section 29 requires any person who proposes to make an application for an infrastructure consent to notify:
the Welsh Ministers;
each local planning authority and community council for the area in which the proposed development is located where a proposed development is in Wales;
Natural Resources Wales and each local planning authority and community council the person considers appropriate where the proposed development is in the Welsh marine area;
constituency and regional Members of the Senedd for each area where the proposed development is located;
Members of Parliament who represent constituencies for each area where the proposed development is located; and
any other persons, or person of a description prescribed in regulations of the application.
69.A notification under this section must comply with any requirements specified in regulations, which may include:
the form and content of a notification,
what information, documents or other materials must accompany a notification, and
how and when a notification is to be given.
70.Upon receiving a notification which complies with all requirements under this section, the Welsh Ministers will be required to send written notice to the person who originally submitted a notification form, confirming it has been accepted. The prospective applicant may proceed to pre-application consultation.
71.This section also enables the Welsh Ministers to make regulations regarding (among other things):
the form and content of the notice,
how a notice is to be given, and
the period within which such notices are to be given.
72.The requirement to notify the Welsh Ministers under this section does not apply if a proposed application is being made where a direction specifying development as a significant infrastructure project was made under section 22.
Section 30 – Pre-application consultation and publicity
73.Section 30 requires a person who proposes to submit an application for infrastructure consent to carry out consultation on a proposed application prior to its submission. Any consultation or publicity undertaken prior to a prospective application receiving notice from the Welsh Ministers under section 29 shall not be treated as consultation or publicity under this section.
74.This section also provides the Welsh Ministers with a power to make provision in regulations for, or in connection with, consultations required by this section, including (among other things) provision:
about who must be consulted,
about how consultations must be carried out,
about the matters to be consulted on, including the benefits for people living in the area of the proposed development,
about responding to consultations, including responding by preparing and publishing a report,
about timetables in connection with consultations, and
about how consultations must be publicised.
Application procedure
Section 31 – Change in the person who proposes to apply for infrastructure consent
75.Section 31 specifies that the duties in section 29(1) and 30(1) do not apply to a person proposing to apply for infrastructure consent under section 32 (“
the notice identifies person A as the person who will be applying for infrastructure consent, or
the arrangements for person A to make the application are made during, or as a result of, the consultation carried out under section 30.
Section 32 - Applying for infrastructure consent
76.Section 32 requires an application for infrastructure consent to be made to the Welsh Ministers and provides that infrastructure consent may only be given if an application is made for it.
77.There is also a requirement for an application for infrastructure consent to specify the development to which it relates and that it must include a pre-application consultation report and a draft infrastructure order.
78.This section also enables the Welsh Ministers to make regulations that make provision about applications. The provisions may include (among other things) provision about:
the form and content of an application,
how an application is made,
what information, documents or other materials must be included in an application,
how an application is processed,
how an application may be varied or withdrawn,
notices relating to an application, and
the period within which an application must be made (including any extensions of time).
79.The regulations may also confer a function on any person, including allowing the person to exercise discretion.
Section 33 – Deciding on the validity of an application and notifying the applicant
80.Section 33 requires the Welsh Ministers, on receiving an application for infrastructure consent, to decide whether or not to accept an application as valid.
81.An application must be considered valid if it is received within the period specified in regulations and complies with the requirements imposed by or under section 32. The Welsh Ministers must give notice to the applicant of a decision to accept the application as a valid application.
82.Where an application does not comply with the requirements in this section or section 32 and so cannot be accepted by the Welsh Ministers, they must notify the applicant of this decision, and give the reasons why it cannot be accepted as valid.
Section 34 – Notice of accepted applications and publicity
83.Section 34 requires the Welsh Ministers to notify certain parties where they have accepted an application as valid.
84.Where development is in Wales notice must be given to each local planning authority and community council in which the proposed development is located. Notice must also be given to constituency and regional Members of the Senedd and to Members of Parliament who represent each area where a proposed development is located.
85.Where development is in the Welsh marine area, notice must be given to any local planning authority or community council the Welsh Ministers consider appropriate and Natural Resources Wales. Notice must also be given to constituency and regional Members of the Senedd, in addition to Members of Parliament that the Welsh Ministers consider appropriate. The Welsh Ministers must also notify any other persons specified in regulations.
86.This section also requires the Welsh Ministers to publicise an application in the way specified in regulations and in any notice or publicity include the date by which any representations must be received, which will not expire before the end of a minimum representation period specified in regulations.
87.However, the Welsh Ministers have the ability to extend the deadline by which representations must be received and may also extend the deadline more than once. Where this power is used, the Welsh Ministers are required to undertake publicity and notification again, specifying the new date by which representations must be received and their reasons for extending the deadline.
88.This section also allows for the Welsh Ministers to direct the applicant to notify persons of an application and publicise an application in the way specified in the direction. Any publicity must include the date by which any representations must be received, which will not expire before the end of a minimum representation period specified in regulations.
89.Where a direction is given under subsection (10), and the deadline is extended, the Welsh Ministers must give a further direction requiring the applicant to give a further notice to the same persons, and undertake further publicity in the same way.
Section 35 – Regulations about notices and publicity
90.Section 35 provides the Welsh Ministers power to make regulations:
on the form and content of notices of accepted applications (section 33) and notices of publicity (section 34), how they are given, and the timescales for giving them,
on how representations are to be given in response to notification or publicity under section 34, the form and content of such representations and timescales for submission,
imposing a requirement on specified persons to respond to a notice given under section 34(2)(c), and
on how persons may respond to publicity under section 34 and how representations are to be publicised.
91.Regulations may also confer a function, including a function involving the exercise of a discretion, on any person to ensure publicity and notification requirements are undertaken by the most appropriate party on a case-by-case basis.
Section 36 – Local impact reports
92.Section 36 makes provision about local planning authorities and community councils responding to notification or publicity about proposed development by a local impact report which is a report that gives details of the likely impact of a proposed development within the area of a local authority and community council.
93.Where a proposed development is in the area of a local planning authority and the authority receives notification of an accepted application under section 34(2)(a)(i) the authority must submit a local impact report to the Welsh Ministers before the deadline specified in the notice.
94.A community council which is notified of a proposed development under section 34(2)(a)(ii) may also, but is not required to, submit a local impact report to the Welsh Ministers before the deadline specified in the notice.
95.Where a proposed development is in the Welsh marine area, any local planning authority or community council which is given notice of the proposed development under section 34(2)(b)(ii) may submit a local impact report to the Welsh Ministers before the deadline specified in the notice.
96.Where a planning authority or community council submits a local impact report otherwise than in response to a notice under section 34(2), they must submit the local impact report to the Welsh Ministers before the deadline specified in the publicity undertaken under section 34(3).
97.This section also provides the Welsh Ministers with a regulation-making power to prescribe the form and content of a local impact report and any report submitted to the Welsh Ministers must comply with the requirements specified in the regulations.
Section 37 – Marine impact reports
98.If the draft order submitted in an application for infrastructure consent contains provision for a deemed marine licence, section 37 requires Natural Resources Wales to submit to the Welsh Ministers a marine impact report where it is notified of an application for proposed development in the Welsh marine area.
99.Subsection (2) provides that the Welsh Ministers may also direct Natural Resources Wales to submit a marine impact report in respect of an application for infrastructure consent.
100.Subsection (3) provides that 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 section 37(2).
101.A marine impact report must give details of the likely impact of a proposed development on the marine environment.
102.A report submitted in response to subsection (1) must be submitted to the Welsh Ministers before the deadline specified in the notice. A report submitted in response to a direction under subsection (2) must be submitted to the Welsh Ministers before the deadline specified in the direction. A marine impact report submitted voluntarily, otherwise than in response to a notice or a direction must be submitted within the deadline provided for responding to publicity under section 34(3).
103.This section also provides the Welsh Ministers with a regulation-making power to prescribe the form and content of a marine impact report and any report submitted to the Welsh Ministers must comply with such requirements as are prescribed in regulations.
Section 38 – Notice of persons interested in land to which compulsory acquisition request relates
104.This section provides that where the Welsh Ministers have accepted an application for infrastructure consent that includes a request for authorisation of the compulsory acquisition of land or an interest in or right over land, the applicant must give the Welsh Ministers the names and such other information as may be specified in regulations in relation to persons with an interest in the land. The applicant is required to make diligent inquiry to ascertain the names of affected persons.
Section 39 – Consultation post-application in relation to compulsory acquisition
105.Section 39 provides the Welsh Ministers with a regulation making power to make provision for and in connection with consultation by an applicant for infrastructure consent where the application includes a request for the compulsory acquisition of land. The regulations may include detailed provision about the consultation required, including information that is to be provided during the consultation and its timetable.
