PART 5

DECIDING APPLICATIONS FOR INFRASTRUCTURE CONSENT

The decision

Grant or refusal of infrastructure consent
60
1
When the Welsh Ministers have decided an application for infrastructure consent, the Welsh Ministers must either—
a
make an order granting infrastructure consent (“an infrastructure consent order”), or
b
refuse infrastructure consent.
2
The Welsh Ministers must notify‍ the following of their decision to either make an infrastructure consent order or refuse infrastructure consent—
a
the applicant;
b
any planning authority or community council that has submitted a local impact report to the Welsh Ministers in respect of the application;
c
Natural Resources Wales if it has submitted a marine impact report to the Welsh Ministers in respect of the application;
d
any other person or persons of a description specified in regulations.
3
When the examining authority has decided an application for infrastructure consent, they must either—
a
notify the Welsh Ministers of their decision that an infrastructure consent order is to be made, or
b
refuse infrastructure consent.
4
The examining authority must notify‍ the following of its decision either that an infrastructure consent order is to be made or to refuse infrastructure consent—
a
the applicant;
b
any planning authority or community council that has submitted a local impact report to the Welsh Ministers in respect of the application;
c
Natural Resources Wales if it has submitted a marine impact report to the Welsh Ministers in respect of the application;
d
any other person or persons of a description specified in regulations.
5
When the Welsh Ministers receive a notice under subsection (3)(a), they must make an infrastructure consent order in respect of the application‍ to which the notice relates.
6
Regulations may make provision regulating the procedure to be followed if—
a
the Welsh Ministers propose to make an infrastructure consent order on terms which are materially different from those proposed in the application;
b
the Welsh Ministers propose to make an infrastructure consent order on terms which are materially different from those proposed in the application as a result of a notice under subsection (3)(a).
S. 60 in force at 4.6.2024 for specified purposes, see s. 147(1)(b)
S. 60 in force at 15.12.2025 in so far as not already in force by S.I. 2025/698, art. 3(c)