Regulation 17 Applications for a material change or for revocation

(1)

This regulation applies to an application for a material change or an application for revocation.

(2)

An application must—

(a)

be made on the form published by the Welsh Ministers or a form substantially to the same effect, and

(b)

include—

(i)

the matters specified in the form,

(ii)

a pre-application publicity report,

(iii)

a plan identifying the location to which the application relates,

(iv)

where applicable, an environmental statement,

(v)

where an application includes a compulsory acquisition request—

(aa)

a book of reference,

(bb)

a statement of reasons justifying the compulsory acquisition request,

(cc)

a statement of funding explaining how the compulsory acquisition is to be funded,

(dd)

a plan identifying any land to which the compulsory acquisition request relates, including that land which would be protected from development, any land on which private rights would be extinguished and any replacement or special category land, and

(ee)

a cross-referencing document, and

(vi)

any other documents, drawings and plans considered necessary to support the application.

(3)

In this regulation—

(a)

“environmental statement” has the meaning given in—

(i)

regulation 2(1) of the Marine Works (Environmental Impact Assessment) Regulations 2007, in a case where the relevant infrastructure consent order grants infrastructure consent for development in the Welsh marine area;

(ii)

regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017, in a case where the relevant infrastructure consent order grants infrastructure consent for development in Wales;

(b)

“pre-application publicity report” means a report giving details of—

(i)

the representations received—

(aa)

during the pre-application representation period, and

(bb)

following notice given to any additional interested person under regulation 12, and

(ii)

the account taken of those representations;

(c)

“replacement land” has the meaning given in section 70 (commons, open spaces etc: compulsory acquisition of land) or 71 (commons, open spaces etc: compulsory acquisition of rights over land) of the 2024 Act (as the case may be);

(d)

“special category land” means land identified as forming part of a common, open space, National Trust land, or fuel or field garden allotment.