The decision
Section 60 – Grant or refusal of infrastructure consent
159.When the Welsh Ministers have decided an application, section 60 requires the Welsh Ministers to either make an order granting infrastructure consent or refuse infrastructure consent.
160.When an examining authority has decided an application, this section requires it to either notify the Welsh Ministers of its decision that an order granting infrastructure consent is to be made or refuse infrastructure consent.
161.Where the Welsh Ministers receive a notification from the examining authority that an infrastructure consent order is to be made, the Welsh Ministers must make the order.
162.This section also specifies that where infrastructure consent is either granted or refused, applicants, relevant local planning authorities and community councils, Natural Resources Wales (where a marine impact report has been submitted) and any other person or persons of a description specified in regulations, must be notified of the decision.
163.Regulations under this section may make provision regulating the procedure to be followed if the Welsh Ministers propose to make an infrastructure consent order on terms which are materially different from those proposed in the application.
Section 61 – Development for which infrastructure consent may be granted
164.Section 61 specifies the development for which infrastructure consent may be granted.
165.Infrastructure consent may be granted for development for which an infrastructure consent is required, as well as “associated development”.
166.“Associated development” is development that is associated with development that requires infrastructure consent (or any part of it) and is wholly within Wales, wholly within the Welsh marine area, or wholly within Wales and the Welsh marine area.
167.The meaning of “Wales” and the “Welsh marine area” is explained at section 143 (general interpretation).
168.If infrastructure consent is granted for “associated development”, none of the consents mentioned in section 20 (as that section may be amended by section 21) are required to be obtained for the “associated development”.
Section 62 – Reasons for decision to grant or refuse infrastructure consent
169.Section 62 requires the Welsh Ministers to prepare a statement of their reasons to either make an order granting infrastructure consent or refuse infrastructure consent. A copy of the statement must be sent to the applicant, any planning authority or community council that has submitted a local impact report to the Welsh Ministers in respect of the application, Natural Resources Wales if it has submitted a marine impact report to the Welsh Ministers in respect of the application and any person or person of a description specified in regulations. The statement must be published in such manner as the Welsh Ministers consider appropriate.
170.The section also requires the examining authority to prepare a statement of its reasons for deciding that an order granting infrastructure consent is to be made or refused. A copy of the statement must be sent to the applicant, any planning authority or community council that has submitted a local impact report to the Welsh Ministers in respect of the application, Natural Resources Wales if it has submitted a marine impact report to the Welsh Ministers in respect of the application and any person or person of a description specified in regulations. The statement must be published in such manner as the examining authority considers appropriate.
