Regulation 32 Application to be decided by the Welsh MinistersI1

England and Wales

(1)

This regulation applies after the completion of an examination, where an application is to be decided by the Welsh Ministers.

(2)

In addition to the requirements in section 52 of the 2024 Act, the examining authority’s report to the Welsh Ministers must state if the examining authority disagrees with any aspect of the assessor’s report and the reason for any disagreement.

(3)

Paragraph (4) applies if the Welsh Ministers—

(a)

differ from the examining authority on any matter of fact mentioned in, or appearing to the Welsh Ministers to be material to, a conclusion of the examining authority, or

(b)

propose to take into consideration any new evidence or new matter of fact.

(4)

The Welsh Ministers must not come to a decision which is at variance with the recommendation of the examining authority, without first taking the steps set out in paragraphs (5) to (7).

(5)

The Welsh Ministers must give all interested parties notice—

(a)

of the difference in their view and their reasons for it, or

(b)

of the new evidence or new fact.

(6)

Where the examination has been wholly by way of written representations, the examining authority must give all interested parties the opportunity to make representations in writing on that difference, new evidence or new fact by a specified date.

(7)

Where any part of the examination has been by way of hearing or local inquiry, the examining authority must notify the interested parties—

(a)

that they may require the hearing or local inquiry to be re-opened to examine the difference, new evidence or new fact, and

(b)

of the date by which the interested parties must notify the examining authority of any request to re-open the examination to examine the difference, new evidence or new fact.

(8)

The date specified under paragraph (6) or (7)(b) must be at least—

(a)

28 days from the date of that notice, if the application relates to EIA development;

(b)

21 days from the date of that notice, in any other case.

(9)

The examining authority—

(a)

must re-open a hearing or a local inquiry to examine the difference, new evidence or fact if an interested party so requests under paragraph (7), or

(b)

may otherwise, if F1it considers it appropriate, re-open a hearing or a local inquiry to examine the difference, new evidence or fact.

(10)

Where the examining authority re-opens a hearing or a local inquiry, F2it must send to the interested parties as soon as reasonably practicable, a written statement of the matters in respect of which further representations are invited.

(11)

The examining authority must provide the written statement in paragraph (10) at least—

(a)

28 days before the first day of any re-opened hearing or local inquiry, if the application relates to EIA development;

(b)

21 days before the first day of any re-opened hearing or local inquiry, in any other case.

Annotations

Textual amendments

F1: Words in reg. 32(9)(b) substituted (14.12.2025) by The Infrastructure Consent (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/1091), regs. 1(2), 4(9)(a)
F2: Word in reg. 32(10) substituted (14.12.2025) by The Infrastructure Consent (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/1091), regs. 1(2), 4(9)(b)

Commencement

I1: Reg. 32 in force at 15.12.2025, see reg. 1(2)