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Town and Country Planning Act 1990

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[F162FDevelopments of national significance: secondary consentsE+W

(1)Subsections (2) to (5) apply where—

(a)an application (a “section 62D application”) is made to the Welsh Ministers under section 62D, and

(b)the Welsh Ministers consider that—

(i)a secondary consent is connected to the section 62D application, and

(ii)having regard to their functions in respect of that section 62D application, the decision on that consent should be made by them.

(2)Where the decision in respect of the secondary consent would (but for this section) be made by a person other than the Welsh Ministers, it is to be made by the Welsh Ministers.

(3)For this purpose—

(a)any application that is required to be made in respect of the secondary consent, and has not yet been made, is to be made to the Welsh Ministers instead of the person to whom it would otherwise be made, and

(b)if an application has already been made in respect of the secondary consent to a person other than the Welsh Ministers, it is to be referred to the Welsh Ministers instead of being dealt with by that person.

(4)Subject to the following provisions of this Act, in a case where (but for this section) the secondary consent would have been dealt with by another person, the secondary consent is to be dealt with by the Welsh Ministers as though the Welsh Ministers were that person.

(5)The decision of the Welsh Ministers on the secondary consent is final.

(6)A secondary consent is connected to a section 62D application, for the purposes of this section, if the secondary consent—

(a)is required in order for the development to which the section 62D application relates to be carried out,

(b)would facilitate the carrying out of that development, or

(c)would facilitate any re-development or improvement, or the achievement of any other purpose, carried out on or in relation to land in connection with that development.]

Textual Amendments

F1Ss. 62F-62H inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 20, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)

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