Regulation 5 Requests for directions to be given under sections 22 to 24 of the 2024 Act.I1
England and Wales
Any request made for a direction under sections 22 to 24 of the 2024 Act, made by any person, must be made in the appropriate form published by the Welsh Ministers, or in a form substantially to the same effect.
A request for a direction to be given under section 22 of the 2024 Act must include the following information—
for proposed development in Wales, a plan drawn to an identified scale and showing the direction of north,
for proposed development in the Welsh marine area, co-ordinates which identify the location to which the application relates,
any other plans, drawings and information necessary to describe the proposed development,
a statement of reasons setting out why the Welsh Ministers should give a direction specifying the proposed development as a significant infrastructure project,
a list of any section 20 consents that would be required if the proposed development were not specified in a direction as a significant infrastructure project, and
a list of any other consents that could be deemed or the requirement for which could be removed by provision in an infrastructure consent order, which may be required for the proposed development.
A request for a direction under section 24 of the 2024 Act must include a statement of reasons setting out why the Welsh Ministers should give a direction specifying the proposed development as not being a significant infrastructure project.
When making a qualifying request for a direction under section 22 of the 2024 Act, a developer must give notice of the request to—
any person who would grant, make, authorise or confirm a section 20 consent, and
any person who would grant, make, authorise or confirm any consent that could be deemed or the requirements for which could be removed by provision in an infrastructure consent order which may be required for the development.
If the Welsh Ministers decide not to consider a request for a direction that is not a qualifying request, they must, as soon as is reasonably practicable, give a notice to the person who made the request providing reasons the request is not being considered.
In this regulation, “section 20 consent” means a permission, authorisation, consent, order, or scheme mentioned in section 20 (effect of requirement for infrastructure consent) of the 2024 Act.