Regulation 57 Deciding applications to change an infrastructure consent order: general considerations

(1)

In deciding an application to change an infrastructure consent order which includes a request to authorise development, the examining authority or the Welsh Ministers (as the case may be) must—

(a)

have regard to—

(i)

any infrastructure policy statement that has effect in relation to the kind of development to which the application relates (a “relevant policy statement”);

(ii)

the National Development Framework for Wales^f1 so far as relevant to the kind of development to which the application relates;

(iii)

any marine plan (within the meaning of section 51(3) of the Marine and Coastal Access Act 2009^f2) prepared and adopted by the Welsh Ministers so far as relevant to the kind of development to which the application relates, and

(b)

make their decision or its decision (as the case may be) in accordance with the relevant policy statement, framework or plan unless relevant considerations indicate otherwise.

(2)

The fact that any relevant policy statement, framework or plan identifies a location as suitable (or potentially suitable) for a particular kind of development does not prevent the Welsh Ministers or examining authority (as the case may be) from deciding an application otherwise than in accordance with the relevant policy statement, framework or plan if relevant considerations indicate otherwise.

(3)

In this regulation and regulation 59, “infrastructure policy statement” has the meaning given by section 127(2) of the 2024 Act.

Annotations

Footnotes

f1: See section 60 of the Planning and Compulsory Purchase Act 2004 (c. 5).
f2: 2009 c. 23.