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The Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016

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PART 3Prescribed Secondary Consents

Prescribed consents

15.  The consents listed in the Schedule are prescribed for the purposes of the 1990 Act.

Highways Orders: consequential amendments

16.—(1) Section 252 of the 1990 Act is amended as follows.

(2) After subsection (3) insert—

(3A) Where the Welsh Ministers are proposing to make an order under section 247, 248 or 251 in connection with development of national significance—

(a)subsection (1) has effect as if for “shall” there were substituted “may”;

(b)subsections (2) and (3) apply only if the Welsh Ministers publish a notice under subsection (1).

(3) After subsection (6A) insert—

(6B) Where the Welsh Ministers are proposing to make an order under section 247, 248 or 251 in connection with development of national significance, subsections (6C) and (6D) apply in place of subsections (4) to (6).

(6C) The Welsh Ministers may cause a local inquiry to be held if—

(a)they have published a notice under subsection (1)(b),

(b)before the end of the period of 28 days mentioned in subsection (1)(b) they receive an objection from a person mentioned in subsection (2)(a) to (b), or from any other person appearing to them to be affected by the order, and

(c)the objection is not withdrawn.

(6D) Subsections (2) and (3) of section 250 of the Local Government Act 1972 and section 322C apply in relation to an inquiry caused to be held by the Welsh Ministers under subsection (6C).

(4) In subsection (12), before the definition of “the relevant area” insert—

“development of national significance” is to be interpreted in accordance with section 62D;.

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