Effect of infrastructure consent orders
Section 94 – Duration of infrastructure consent order
245.This section provides that where consent for development is granted by an infrastructure consent order, that development must begin within a period specified in regulations, or such other period as is specified in the order. Failure to commence development within the applicable period will result in the infrastructure consent order ceasing to have effect at the end of that period.
246.Where the infrastructure consent order authorises the compulsory acquisition of land, subsection (3) provides that any steps that may be set out in regulations must be taken before the end of a period specified in regulations or such other period as is specified in the order. If these steps are not taken within the applicable period, the authority provided by the order to compulsorily acquire the land ceases to have effect.
Section 95 – When development begins
247.This section states that development is taken to begin on the earliest day that any material operation comprised in, or carried out for the purposes of, the development begins to be carried out.
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Section 96 – Legal challenges
249.This section provides that:
an infrastructure consent order,
a refusal of infrastructure consent,
a decision not to accept an application as valid,
a decision relating to correcting errors in a decision document,
a decision relating to changing or revoking an infrastructure consent order, or
anything else done or omitted to be done by the Welsh Ministers or an examining authority in relation to an application for infrastructure consent, or an application to change or revoke an infrastructure consent order,
may only be challenged by means of judicial review and in accordance with the provisions of this section. In particular, the section specifies the period within which each claim must be made.
Section 97 – Benefit of infrastructure consent order
250.Section 97 provides that an infrastructure consent order will have effect for the benefit of the land in respect of which the order is made and all those for the time being interested in the land, unless the order makes provision to the contrary.
Section 98 – Planning obligations
251.Section 98 amends the Town and Country Planning Act 1990 (“the TCPA”) so as to allow the applicant for infrastructure consent to enter into agreements with local authorities, in the same way as a developer seeking planning permission under the TCPA is able to. These agreements are called “infrastructure consent obligations”.
252.Subsection (3) amends section 106A of the TCPA. The effect of the amendment is that an infrastructure consent obligation may be varied or discharged by agreement between the Welsh Ministers and the person against whom the infrastructure consent obligation is enforceable. The amendment also provides that the person against whom the infrastructure consent obligation is enforceable may apply to the Welsh Ministers for it to be discharged or varied (if the Welsh Ministers decided or will decide the application in connection with which the obligation was entered into).
253.It will be for the local planning authority to enforce the obligation.
254.Subsection (5) makes provision about legal challenges in connection with planning obligations.
Section 99 – Blighted land
255.An infrastructure policy statement identifying a location as a suitable (or potentially suitable) location for a significant infrastructure project may create blight at that location, affecting the values of land. Blight may also result from an application being made for an infrastructure consent order authorising the compulsory acquisition of land or from such authorisation being given.
256.Section 99 amends the Town and Country Planning Act 1990 (“the TCPA”) so as to allow owner-occupiers affected in this way to have the benefit of the existing provisions of the TCPA relating to blight by making these descriptions of land “blighted land” for the purpose of the TCPA.
257.The TCPA provides a procedure which enables persons with certain interests in the land that is blighted to serve a notice on an “appropriate authority” requiring the authority to purchase their interest. The effect of subsection (6) is that the “appropriate authority” in the case of blight caused by an infrastructure policy statement is the statutory undertaker named as an appropriate person to carry out the development specified in the infrastructure policy statement, or the Welsh Ministers where there is no such named undertaker. The Welsh Ministers are to determine any disputes as to who the appropriate authority is.
258.Subsection (4) prevents the appropriate authority from serving a counter-notice to a blight notice on grounds of having no intention of conducting the development.
Section 100 – Nuisance: statutory authority
259.Section 100 confers statutory authority for carrying out development for which consent is granted by an infrastructure consent order and for doing anything else authorised by the order. Subsection (2) provides that statutory authority is conferred only for the purpose of providing a defence in civil and criminal proceedings for nuisance. Subsections (1) and (2) are subject to any contrary provision made by an infrastructure consent order.
Section 101 – Compensation in case where defence of statutory authority applies
260.Section 101 confers a right to compensation in cases where, by virtue of section 100 or the terms of an infrastructure consent order, there is a defence of statutory authority in civil or criminal proceedings for nuisance in respect of any authorised works.
261.Subsection (2) defines “authorised works” as development for which an infrastructure consent order is granted and anything else authorised by the order.
262.Subsection (3) imposes a duty on the person who carries out the authorised works or on whose behalf such works are carried out, to pay compensation to any person whose land is injuriously affected by the carrying out of the authorised works.
263.Disputes about compensation under subsection (3) are referred to the Upper Tribunal.
264.Subsection (5) provides that section 10(2) of the Compulsory Purchase Act 1965 (limitations on compensation) applies to section 101(3) as it applies to section 10(2) of the Compulsory Purchase Act 1965.
265.Any rule or principle applied to the construction of section 10 of the Compulsory Purchase Act 1965 must be applied to the construction of section 101(3) with any necessary modifications.
266.Subsection (7) provides that Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works) applies in relation to authorised works as if:
references in that Part to any public works were to authorised works;
references in that Part to the responsible authority were to the person for whose benefit the infrastructure order has effect for the time being;
sections 1(6) and 17 were omitted.
267.An infrastructure consent order cannot include provision the effect of which is to remove or modify the application of section 101.
