PART 6 E+W INFRASTRUCTURE CONSENT ORDERS

Provision in orders: specific limitations and powers E+W

84 Removing consent requirements and deeming consents E+W

(1) If a condition in subsection (2) or (3) is met, an infrastructure consent order may include provision that—

(a) removes a requirement for a specified consent of a relevant authority to be granted;

(b) deems a specified consent of a relevant authority to have been granted.

(2) The condition is that the relevant authority has consented to the inclusion of the provision before the end of the specified period.

(3) The condition is that the relevant authority has not refused to give consent for the provision to be included before the end of the specified period.

(4) Regulations may provide exceptions to the requirement to meet the conditions in subsections (2) and (3).

(5) In this section—

• “consent” (“cydsyniad”) means—

  (a)

  a consent or authorisation that is required, under an enactment, to be obtained for development,

  (b)

  a consent or authorisation, that—

  (i)

  may authorise development, and

  (ii)

  is given under an enactment, or

  (c)

  a notice that is required by an enactment to be given in relation to development;

• “relevant authority” (“awdurdod perthnasol”) means the authority that would otherwise have the function of deciding whether to grant the specified consent;

• “specified” (“penodedig”) means specified in regulations.

Commencement Information

I1 S. 84 in force at 4.6.2024 for specified purposes, see s. 147(1)(b)

I2 S. 84 in force at 15.12.2025 in so far as not already in force by S.I. 2025/698, art. 3(d)