{
  "url": "https://openlegislation.uk/infrastructure-consent-examination-and-decision-procedure-wales-regulations-2025/regulation-28",
  "json_url": "https://openlegislation.uk/infrastructure-consent-examination-and-decision-procedure-wales-regulations-2025/regulation-28.json",
  "legislation": "wsi/2025/692",
  "legislation_title": "The Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/infrastructure-consent-examination-and-decision-procedure-wales-regulations-2025",
  "path": "regulation/28",
  "kind": "regulation",
  "number": "28",
  "heading": "Variation of application",
  "text": "(1) This regulation applies when the applicant proposes to request a variation of its application, other than—\n(a) when Part 4 of the 2025 Compulsory Acquisition Regulations applies, or\n(b) when regulation 31 of the 2025 Applications Regulations applies.\n(2) The applicant must give the examining authority as much notice as reasonably practicable of any intention to submit a request for variation, but it may not give such notice before the first day of a hearing or local inquiry.\n(3) A notice of intention to submit a request for variation must—\n(a) be in writing,\n(b) describe the proposed variation, in sufficient detail to enable the examining authority to understand its scale and effect,\n(c) include reasons—\n(i) for the variation,\n(ii) why the effect of the variation was not included in the application as made, and\n(iii) why the request for variation could not be made earlier, and\n(d) set out how, in the applicant’s view, the request for variation could be properly examined within the time for deciding the application in accordance with section 59 of the 2024 Act.\n(4) The examining authority may provide advice to the applicant about the notice of request for variation.\n(5) The examining authority must arrange to publish any advice provided under paragraph (4) on the website referred to in regulation 16.\n(6) The examining authority may treat the notice of request for variation as a request for variation if it appears to it that it has sufficient material before it to make a recommendation on the merits of the request.\n(7) A request for variation must—\n(a) be in writing,\n(b) contain a list of revisions proposed to the application,\n(c) describe—\n(i) the publicity and consultation carried out in relation to the proposed variation,\n(ii) any responses to the publicity and consultation and how the applicant has had regard to them, and\n(iii) any change to the information provided in the notice of request for variation.\n(8) In deciding whether to accept and examine a request for variation, the examining authority must in particular have regard to—\n(a) the desirability of managing the examination efficiently and effectively, and\n(b) the time for deciding the application in accordance with section 59 of the 2024 Act.\n(9) The examining authority may refuse to consider a request for variation if it or the Welsh Ministers have refused a similar request and in its opinion there has been no material change to, or affecting, that request.\n(10) As soon as reasonably practicable after it accepts a request for variation, the examining authority must give such persons as it considers appropriate the opportunity of making further representations about the variation.\n(11) In this regulation—\n(a) “a request for variation” means a request as described in paragraph (7);\n(b) “notice of request for variation” means a notice as described in paragraph (3).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 28 in force at 15.12.2025, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2025/692/regulation/28",
    "retrieved_at": "2026-10-28T22:57:31.776229+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}