Commentary on Sections Making changes to, and revoking, infrastructure consent orders Section 90 – Power to change or revoke infrastructure consent orders
232.This section gives the Welsh Ministers a power to make a change to an infrastructure consent order and to revoke an infrastructure consent order.
233.The provision that may be made by a way of a change to an infrastructure consent order includes any provision that may be made under section 63 (what may be included in an infrastructure consent order), but this is subject to the rules in this section.
234.The power to change or revoke an infrastructure consent order may be exercised on an application made by the applicant or a successor in title of the applicant, a person with an interest in the land or any other person for whose benefit the infrastructure consent order has effect, and, in the circumstances set out in subsection (4), an application can be made by a planning authority.
235.The Welsh Ministers may also change or revoke an infrastructure consent order without an application being made.
236.The Welsh Ministers may refuse to exercise the power if they consider the development, as a result of the change, should be the subject of an application for a new infrastructure consent order.
237.Subsection (7) gives examples of some of the things that the power under subsection (1) to change or revoke infrastructure consent orders can be used to do. It includes, for example, requiring the removal or alteration of buildings or existing requirements and requiring the discontinuance of a use of land.
238.Subsection (8) makes it clear that existing building or other operations which have already been carried out are not affected by the exercise of the power in subsection (1), unless the change or revocation requires the removal or alteration of building works.