Infrastructure (Wales) Act 2024

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 (“person A”) if notice has already been given in respect of the proposed development, or substantially the same proposed development, by a different person and that either—

• 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• how an application may be varied or withdrawn,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.