The Mona Offshore Wind Farm Order 2025

SCHEDULE 12 Approval of matters specified in requirements

Article 44 Interpretation 1 In this Schedule “application” means an application for any consent, agreement or approval required by a requirement whether or not the application seeks to discharge a requirement in whole or in part. 2 In this schedule “discharging authority” means— (a) any body responsible for giving any consent, agreement or approval required by a requirement included in Schedule 2, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or (b) the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 subsequently referred to as “the 1974 Act”(a). Applications made under requirements 3 (1) Where an application has been made to the relevant discharging authority for any agreement or approval required pursuant to a requirement included in this Order, the relevant discharging authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 13 weeks beginning with— (a) the day immediately following that on which the application is received by the relevant discharging authority; or (b) where further information is requested under paragraph 4 the working day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the relevant planning discharging authority. (c) and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision. Further information 4 (1) Where an application has been made under paragraph 3 the relevant planning authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application. (2) If the relevant discharging authority considers further information is needed, and the requirement does not specify that consultation with a consultee is required, it must, within 15 working days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the requirement indicates that consultation must take place with a consultee the relevant planning authority must issue the consultation to the requirement consultee within five working days of receipt of the application. Where the consultee requires further information they must notify the relevant discharging authority in writing specifying the further information required within 15 working days of receipt of the consultation. The relevant discharging authority must notify the undertaker in writing specifying any further information requested by the consultee within five working days of receipt of such a request. (4) In the event that the relevant discharging authority does not give such notification as specified in sub- paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker. Provision of information by Consultees 5 (1) Any consultee who receives a consultation under paragraph 4(3) must respond to that request within 20 working days from receipt unless sub-paragraph (2) of this paragraph applies. (2) Where any consultee requests further information in accordance with the timescales set out in paragraph 4(3) then they must respond to the consultation within 10 working days from the receipt of the further information requested. Fees 6 (1) Where an application is made to the relevant planning authority for agreement or approval in respect of a requirement or agreement or approval of an amendment pursuant to requirement 30 of Schedule 2 the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (Wales) Regulations 2015 (or any regulations replacing the same) is to be paid by the undertaker to the relevant planning authority in accordance with these regulations unless otherwise agreed with the relevant planning authority. (2) Any fee paid under this Schedule must be refunded to the undertaker within 20 working days of the application being rejected as invalidly made. Appeal 7 (1) The undertaker may appeal in the event that— (a) the relevant discharging authority refuses an application for any consent, agreement or approval required by— (i) a requirement included in this Order; or (ii) a document referred to in any requirement contained in Schedule 2; (b) the discharging authority does not determine such an application within the time period set out in paragraph 3, or grants it subject to conditions; (c) the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act; (d) on receipt of a request for further information pursuant to paragraph 4 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or (e) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application. (2) The appeal process is to be as follows— (a) any appeal by the undertaker must be made within 30 working days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 3, giving rise to the appeal referred to in sub- paragraph (1); (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant discharging authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”); (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (“the appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2); (d) the relevant discharging authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 15 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person; (e) the appeal parties must make any counter-submissions to the appointed person within 15 working days of receipt of written representations pursuant to sub-paragraph (2)(d); and (f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 20 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (2)(e). (3) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. (4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must as soon as practical notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2). (5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the relevant planning authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (2)(f). (6) On an appeal under this sub-paragraph, the appointed person may— (a) allow or dismiss the appeal; or (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not). (7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits. (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case. (9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review. (10) If an approval is given by the appointed person pursuant to this paragraph, it is to be deemed to be an approval for the purpose of Schedule 12 as if it had been given by the relevant discharging authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination. (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant discharging authority, the reasonable costs of the appointed person must be met by the undertaker. (12) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Welsh Government’s ‘Development Management Manual Section 12 Annex: Award of costs’ or any circular or guidance which may from time to time replace it.