PART 6INFRASTRUCTURE CONSENT ORDERS
Effect of infrastructure consent orders
98Planning obligations
(1)
The TCPA 1990 is amended as follows.
(2)
In section 106 (planning obligations)—
(a)
“(1B)
In the case of an infrastructure consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Infrastructure (Wales) Act 2024.”;
(b)
“(ab)
if the obligation is an infrastructure consent obligation, contains a statement to that effect;”;
(c)
“(15)
In this section and section 106A “infrastructure consent obligation means a planning obligation entered into in connection with an application (or a proposed application) for an infrastructure consent order.”
(3)
“(zaa)
the Welsh Ministers, in the case of any infrastructure consent obligation;”.
(4)
In section 106B(1) (appeals) after “Secretary of State” insert “or the Welsh Ministers”
.
(5)
“106DLegal challenges relating to infrastructure consent obligations
(1)
This section applies where an application has been made to the Welsh Ministers under section 106A.
(2)
A court may entertain proceedings for questioning a failure by the Welsh Ministers to give notice as mentioned in section 106A(7) only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) ends.
(3)
A court may entertain proceedings for questioning a determination by the Welsh Ministers that a planning obligation is to continue to have effect without modification only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7).”