The Electricity (Offshore Generating Stations) (Variation of Consents) (Wales) Regulations 2019

Assessment of suitability for publication E+W

4.—(1) Where the Welsh Ministers receive a variation application, they must—

(a) consider whether or not it is suitable for publication in accordance with regulation 5; and

(b) give the applicant a notice under paragraph (2) or (6) within three weeks of receipt.

(2) If the Welsh Ministers do not consider that the application is suitable for publication, they must give notice to the applicant—

(a) of their decision and the reasons for that decision; and

(b) that it may make representations to the Welsh Ministers with a view to persuading the Welsh Ministers that the application is suitable for publication.

(3) Where the Welsh Ministers give notice under paragraph (2), they must—

(a) specify in writing a date by which any representations under paragraph (2)(b) are to be made; and

(b) if the applicant fails to make representations by the date so specified, give the applicant a refusal notice.

(4) Paragraph (5) applies where the applicant makes representations to the Welsh Ministers further to a notice given to it under paragraph (2)(b).

(5) If, having considered the applicant's representations, the Welsh Ministers—

(a) still consider that the application is not suitable for publication, they must give a further notice under paragraph (2) or a refusal notice; or

(b) consider that the application is suitable for publication, they must give a notice under paragraph (6).

(6) If the Welsh Ministers consider that the application is suitable for publication, they must give the applicant notice of their decision.

(7) Where—

(a) paragraph (6) applies; and

(b) there are bodies referred to in the definition of “relevant planning authority” in regulation 2—

(i) that the Welsh Ministers consider are likely to have an interest in the application; and

(ii) that have not been identified by the applicant under regulation 3(1)(e),

the Welsh Ministers must identify those bodies in the notice given under paragraph (6).

(8) For the purposes of this regulation, a variation application is suitable for publication in accordance with regulation 5 if—

(a) in a case where an EIA report is required to be prepared in connection with the variation application under the EIA Regulations (because the application is for EIA development within the meaning of those Regulations), an EIA report has been provided to the Welsh Ministers; and

(b) it appears to the Welsh Ministers that—

(i) the applicant wishes to construct, operate or extend a generating station in a way which the relevant section 36 consent does not authorise it to do;

(ii) the proposed development does not differ from the generating station to which the relevant section 36 consent refers to such an extent (in its construction, extension, operation or likely environmental effects) that it requires authorisation by—

(aa) an order granting development consent within the meaning of section 31 of the Planning Act 2008 M1 (when development consent is required); or

(bb) a new section 36 consent (rather than a variation to the relevant section 36 consent); and

(iii) there is sufficient information in the application to enable the Welsh Ministers to determine the application.

(9) In this regulation—

(a) “EIA report” has the meaning given in the EIA Regulations;

(b) a “refusal notice” is a notice that the Welsh Ministers have decided under section 36C(4) of the Act that it would not be appropriate to make any variation to the relevant section 36 consent.

Commencement Information

I1 Reg. 4 in force at 1.4.2019, see reg. 1

Marginal Citations

M1 2008 c. 29.