OpenLegislation

Regulation 31 Procedure for variation of applicationsI1

England and Wales

(1)

An applicant may request to vary an application on one occasion before the examining authority has exercised its function under section 42(1) of the 2024 Act (determination of procedure).

(2)

A request to vary an application must—

(a)

be made on a form published by the Welsh Ministers or a form substantially to the same effect,

(b)

include a description of the variation,

(c)

be accompanied by any fee payable when making a request to vary an application, and

(d)

be made before the end of 14 days beginning with the day after the deadline by which the Welsh Ministers must receive representations on the request.

(3)

The Welsh Ministers must decide whether to accept a request to vary an application.

(4)

The Welsh Ministers must not accept a request to vary where the effect of the variation would be to substantially change the development for which infrastructure consent is sought.

(5)

The Welsh Ministers must give notice of the decision to the applicant within 7 days beginning with the day after the day the request to vary is received.

(6)

Where the Welsh Ministers accept a request to vary, the applicant must submit the varied application to the Welsh Ministers—

(a)

within 28 days, beginning with the day after the Welsh Ministers give notice the request to vary has been accepted, or

(b)

by the end of any period agreed in writing between the applicant and the Welsh Ministers.

(7)

The Welsh Ministers may—

(a)

give notice of the varied application to any person they consider appropriate,

(b)

publicise the varied application in any way they consider appropriate.

Annotations

Commencement

I1

Reg. 31 in force at 15.12.2025, see reg. 1