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.
