PART 1

SIGNIFICANT INFRASTRUCTURE PROJECTS

Transport

Highways
7
1
The following kinds of development are significant infrastructure projects—
a
the construction of a highway in a case falling within subsection (2);
b
the alteration or improvement of a highway in a case falling within subsection (3),
unless they are excluded by any of subsections (4) to (6).
2
Construction of a highway is within this subsection only if—
a
the highway will (when constructed) be in Wales,
b
the Welsh Ministers will be the highway authority for the highway, and
c
the highway (when constructed) will be a continuous length of more than 1 kilometre.
3
Alteration or improvement of a highway is within this subsection only if—
a
the highway will (when constructed) be in Wales,
b
the Welsh Ministers will be the highway authority for the highway, and
c
the alteration or improvement is likely to have a significant effect on the environment.
4
This section does not apply to the construction, alteration or improvement of a highway if—
a
an order mentioned in section 20(3) has been made in relation to the development before the coming into force of that section,
b
a further order is needed in relation to the development, and
c
not more than 7 years have elapsed since the making of the earlier order.
5
This section does not apply to the alteration of a highway if—
a
planning permission has been granted for a development,
b
the alteration is necessary as a result of the development, and
c
the developer has asked for the alteration to be made to the highway.
6
This section does not apply to the alteration of a highway if—
a
an order mentioned in section 20(3) has been made in relation to local highway works,
b
the alteration is necessary as a result of the local highway works, and
c
the local highway authority responsible for the local highway works has asked for the alteration to be made to the highway.
7
In this section—
- “local highway authority” (“awdurdod priffyrdd lleol”) has the meaning given by section 329(1) of the Highways Act 1980 (c. 66);
- “local highway works” (“gwaith priffordd leol”) means works carried out by or on behalf of a local highway authority in relation to a highway for which it is the highway authority (and the local highway authority is referred to in this section as “responsible” for those works).