85Applications relating to urgent Crown development(1)

This section applies to—

(a)

an application for planning permission for the development of Crown land that is made by the appropriate Crown authority;

(b)

an application for planning permission for the development of any other land that is made by or on behalf of the Crown, the Duchy of Lancaster or the Duchy of Cornwall.

(2)

An application to which this section applies may be made to the Welsh Ministers under this section if the applicant certifies—

(a)

that the development to which the application relates is of national importance, and

(b)

that it is necessary that the development is carried out as a matter of urgency.

(3)

Before making the application, the applicant must publish in one or more newspapers circulating in the locality of the proposed development a notice—

(a)

describing the proposed development, and

(b)

stating that it proposes to make the application to the Welsh Ministers under this section.

(4)

Where an application is made to the Welsh Ministers under this section—

(a)

the applicant must give the Welsh Ministers a statement of its grounds for making the application;

(b)

the Welsh Ministers may require the applicant to give them any further information they consider necessary to enable them to determine the application.

(5)

As soon as practicable after receiving a document or other material by virtue of subsection (4), the Welsh Ministers must make a copy of the document or other material available for public inspection in the locality of the proposed development.

(6)

The Welsh Ministers must, in accordance with any requirements imposed by regulations, publish notice of the application and of the fact that documents and other material are available for inspection.

(7)

The Welsh Ministers must consult the following persons about the application—

(a)

the planning authority in whose area the proposed development is to be carried out,

(b)

any corporate joint committee in whose area the proposed development is to be carried out, and

(c)

any other person that may be specified in regulations.

(8)

Regulations may provide that a requirement imposed under section 58 or 63 applies, with or without modifications, in relation to an application made to the Welsh Ministers under this section.

(9)

Chapter 2 of Part 14 makes further provision about the procedure for the consideration of applications made under this section.

(10)

Subsection (5) does not apply to the extent that a document or other material is subject to a direction under section 370 (restriction of access to evidence on national security grounds).

(11)

Sections 66 to 69 and Schedule 3 apply, with any necessary modifications, in relation to an application made under this section as they apply in relation to an application for planning permission made to a planning authority.

(12)

The decision of the Welsh Ministers on an application is final.