Who decides whether consent is granted or refused and what they must consider.
Contents
Introduction
Applications for infrastructure consent can be decided by either the examining authority or the Welsh Ministers.
Decisions by the examining authority
At the end of the examination stage, the examining authority will write a report setting out their conclusions, recommendations and their decision on whether infrastructure consent is granted or refused.
They must also write a statement of reasons why they have decided an application should be granted or refused.
The examining authority is then required to notify various people of the decision, such as the applicant and planning authorities.
If they decide infrastructure consent should be granted, they will notify the Welsh Ministers who will make an order which grants consent.
Decisions by the Welsh Ministers
At the end of the examination stage, the examining authority will write and submit a report to the Welsh Ministers setting out their conclusions and a recommendation whether infrastructure consent should be granted or refused, along with a statement of reasons for the recommendation. The Examining Authority’s report will not be published at this time and the contents remain confidential until the final Ministerial decision is issued.
The Welsh Ministers’ will consider the report and make a decision on the SIP application. The Welsh Ministers must notify various people of the decision, such as the applicant and planning authorities. Where the Welsh Ministers have decided to approve the SIP application they will make an order granting infrastructure consent. The Welsh Ministers will publish the order, and lay before the Senedd a copy of the Infrastructure Consent Order along with a statement of reasons for granting the order.
Considerations
In deciding an application for infrastructure consent, the examining authority or the Welsh Ministers (whoever makes the decision) must make their decision in accordance with the following, unless relevant considerations indicate otherwise:
- any relevant infrastructure policy statement
- the National Development Framework for Wales (where relevant)
- any relevant marine plan
They must also have regard to other matters, including:
- any local impact or marine impact report submitted
- the desirability of mitigating and adapting to climate change
- any other relevant considerations
Challenging a decision
Once a decision is made by the examining authority or the Welsh Ministers it is final. The decision can only be challenged by a claim for judicial review through the courts.