Making changes to, and revoking, infrastructure consent orders
Section 89 – Definitions
231.This section sets out definitions for the purposes of sections 90 and 91.
Section 90 – Power to change or revoke infrastructure consent orders
232.This section gives the Welsh Ministers a power to make a change to an infrastructure consent order and to revoke an infrastructure consent order.
233.The provision that may be made by a way of a change to an infrastructure consent order includes any provision that may be made under section 63 (what may be included in an infrastructure consent order), but this is subject to the rules in this section.
234.The power to change or revoke an infrastructure consent order may be exercised on an application made by the applicant or a successor in title of the applicant, a person with an interest in the land or any other person for whose benefit the infrastructure consent order has effect, and, in the circumstances set out in subsection (4), an application can be made by a planning authority.
235.The Welsh Ministers may also change or revoke an infrastructure consent order without an application being made.
236.The Welsh Ministers may refuse to exercise the power if they consider the development, as a result of the change, should be the subject of an application for a new infrastructure consent order.
237.Subsection (7) gives examples of some of the things that the power under subsection (1) to change or revoke infrastructure consent orders can be used to do. It includes, for example, requiring the removal or alteration of buildings or existing requirements and requiring the discontinuance of a use of land.
238.Subsection (8) makes it clear that existing building or other operations which have already been carried out are not affected by the exercise of the power in subsection (1), unless the change or revocation requires the removal or alteration of building works.
Section 91 – Procedure: changing and revoking infrastructure consent orders
239.This section provides the Welsh Ministers with a power to make regulations about the procedure for changing and revoking infrastructure consent orders.
240.The regulations may, for example, make provision about how an application for changing or revoking an infrastructure consent must be made, the decision-making process for such an application and the effect of a decision to exercise the power to change or revoke an order.
241.This section provides that where a person has an interest in some, but not all, of the land to which an infrastructure consent order relates, the person may make an application to change or revoke only in respect of the land in which the person has an interest.
242.This section requires a change or revocation of an infrastructure consent order which is contained in a statutory instrument to also be contained in a statutory instrument.
Section 92 – Changing and revoking infrastructure consent orders: formalities
243.This section requires the Welsh Ministers to publish an order made under section 87 or 90 or a notice given under section 87 in a manner that they think is appropriate, but if the order is required to be contained in a statutory instrument, the Welsh Ministers must lay a copy before Senedd Cymru.
Section 93 – Changing or revoking an infrastructure consent order: compensation
244.Provision about compensation for changing or revoking an infrastructure consent order is made in Schedule 2.
