Regulation 9 Notices and publicity of a proposed application for a material change or for revocation: development in Wales

(1)

This regulation applies where—

(a)

a notice of acceptance has been given,

(b)

the proposed application is either—

(i)

an application where the notice of acceptance confirms the proposed application relates to a material change (“application for a material change”), or

(ii)

an application for revocation of an infrastructure consent order (“application for revocation”), and

(c)

the relevant infrastructure consent order grants infrastructure consent for development in Wales.

(2)

The applicant must—

(a)

give written notice to—

(i)

any person entitled to make an application under section 90(3) of the 2024 Act, if that person is not the applicant,

(ii)

any person who, if the relevant infrastructure consent order were to be changed as requested in the proposed application and fully implemented, would or might be entitled to make a relevant claim,

(iii)

any owner or occupier of land adjoining the relevant land,

(iv)

each planning authority for an area of the relevant land, if that planning authority is not the applicant,

(v)

if the relevant land is located in an area for which there is a community council, the community council,

(vi)

each member of the Senedd representing an area of the relevant land,

(vii)

each member of the House of Commons representing an area of the relevant land,

(viii)

any statutory and specialist consultees,

(ix)

in the case of a proposed application for revocation, all original statutory and specialist consultees,

(x)

where the proposed application includes a compulsory acquisition request, any interested person,

(xi)

in the case of a proposed application for revocation where the relevant infrastructure consent order includes provision authorising the compulsory acquisition of land, any person notified under regulation 5(2), 7(2) or 15(2) of the 2025 Compulsory Acquisition Regulations, and

(xii)

any other person the applicant considers appropriate,

(b)

display a notice in a conspicuous place on or near the relevant land for at least 4 weeks (“site notice”), and

(c)

publish a notice in one or more newspapers circulating in the locality of the relevant land for at least 7 days.

(3)

A site notice must be displayed at intervals of not more than 5 km, unless it is impracticable to do so, where—

(a)

the proposed application relates to a linear scheme that is more than 5 km in length;

(b)

in the case of a proposed application for revocation, the relevant infrastructure consent order grants infrastructure consent for development that relates to a linear scheme that is more than 5 km in length.

(4)

Where a site notice is, without the fault of the applicant, removed, obscured or defaced before the end of the 4 weeks, the applicant is treated as having complied with the requirements of paragraphs (2)(b) and (3) if it has taken reasonable steps for the protection of the site notice and, if necessary, replaced it.

(5)

A notice given, displayed or published under this regulation must contain the information specified in regulation 11.