Wales hits refresh on infrastructure planning: Meet the new regime

What’s happening

Big news for Wales: as of Monday (15 December), the new infrastructure consenting regime under the Infrastructure (Wales) Act 2024 has officially begun. It is not currently clear what name the regime is going to go by, with both Infrastructure Consent Order (ICO) regime and Significant Infrastructure Project (SIP) regime, having found its way into industry chatter. I will refer to it as the ICO regime.

Why the change

As a quick recap, the Infrastructure (Wales) Act 2024 was first introduced in June 2023, replacing the existing Developments of National Significance (DNS) consenting regime.

Similar to the Nationally Significant Infrastructure Projects (NSIP) in England, the new ICO regime is designed to provide a ‘one-stop shop’ for large infrastructure projects to streamline and modernise processes for giving major infrastructure projects the green light. Somewhat confusingly, however, the DCO regime will still continue to apply for (the really big) projects in Wales (see further below).

Alongside the Act, a suite of regulations also came into force on the 15th this week, having been made by the Senedd in June of this year:

• The Infrastructure (Wales) Act 2024 (Commencement No. 1) Order 2025 – commences provisions within the Act.

• The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025 – make provision for pre-application procedures to be undertaken on a proposed SIP and set out how the Welsh Ministers will process an application submitted to them.

• The Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025 – make provision for the procedure for examination of infrastructure applications by an examining authority and decision-making processes to be undertaken in respect of those applications.

• The Infrastructure Consent (Compulsory Acquisition) (Wales) Regulations 2025 – make provision for additional procedures to be complied with for the compulsory acquisition of land or rights over land as part of an infrastructure consent order.

• The Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025 – make provision for matters outside of the main process but are essential to ensure the Infrastructure Act and new consenting process are appropriately implemented.

• The Infrastructure Consent (Fees) (Wales) Regulations 2025 – make provision for fees in relation to ICO applications.

Interaction with the NSIP regime

The Infrastructure (Wales) Act 2024 does not alter any provisions of the Planning Act 2008, so the NSIP regime still applies in relation to Welsh developments currently falling within NSIP thresholds in section 14 of the 2008 Act.

Projects partly in Wales and partly in England need to comply with section 18 of the 2024 Act. Essentially this means that if infrastructure consent is required for development partly in Wales or partly in Welsh marine area, then infrastructure consent is required for that part, not the part in England (consent for which would need to be sought under the consenting process applicable to England). However, regulation 8 of the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025 provides for an opt out where if development will be partly in Wales, Welsh Ministers can direct that the requirement for obtaining infrastructure consent under parts 3 and 4 of the 2024 Act does not apply.

Some interesting points to note in the legislation

• Like section 35 of the Planning Act 2008, section 22 of the 2024 Act allows Welsh Ministers to give a direction specifying development as a SIP;

• Under section 24 of the 2024 Act, Welsh Ministers can give a direction specifying development that would otherwise be a SIP, is not. This is not dissimilar from the new ‘opt out’ provision under the Planning and Infrastructure Bill 2025, but can come from the Welsh Ministers as opposed to the applicant. There is not currently any guidance suggesting under what circumstances Welsh Ministers would make a direction under section 24;

• Open floor hearings to be held if one (not ten, as previously suggested) request for one is made (regulation 9 of the Examination and Decision Regulations);

• The regime maintains the requirement for statutory consultation under regulation 3(2) of the Pre-Application and Application Procedure Regulations, despite this requirement being removed for the NSIP regime by the Planning and Infrastructure Bill 2025;

• Requirement for NRW and/or the Welsh Ministers to give reasons for rejecting a request for pre-application services (regulation 10(6) of the Miscellaneous Provisions Regulations);

• Statutory consultees “must” provide a substantive response to Pre-Application Consultation within the 42-day deadline under regulation 27 of the Pre-Application and Application Procedure Regulations;

• Under regulation 27(3), if statutory consultees subsequently raise concerns that had not been raised at Pre-Application Consultation, they must give reasons for doing so (previously suggested that statutory consultees may not raise new concerns in the consultation document); and

• Requirement for a statement to be included with an application identifying who will be responsible for designing and building the grid connection, where relevant (regulation 17 of the Pre-Application and Application Procedure Regulations).

Transitional provisions are in play

The 2024 Act includes provisions in section 146 for projects which now find themselves stuck between the old and new regimes and wish to stay in their respective original consenting regime. Section 146 is not an easy read, but the Welsh government has published useful guidance on the transitional provisions. Essentially, if certain conditions are met, then the ICO regime (sections 19 and 20 of the 2024 Act) does not apply to a development.

For this to be the case for projects subject to a DNS application, notification of the proposed application must have been submitted before 15 December 2025 and the actual application must then be submitted within 12 months of the notification. For other consenting regimes the application must be submitted before 15 December 2025, or if no formal application is required, the order/scheme must be under consideration by Welsh ministers.

Further, any application must also be considered “made” before 15 December 2025 and cannot have been withdrawn. There is no definition of “made application” but section 146 gives examples of what may count under different regimes. DNS applications accepted during the transition, have 24 months from 15 December 2025 to conclude. However, for applications in examination or decision stage, a longer period can be considered on a case-by-case basis, with Welsh Ministers recognising the desire to expedite infrastructure consenting as efficiently as possible in the public interest.

Developers can choose to apply under the new process even if a project qualifies to stay in the current system.

Want to learn more?

This is a completely new regime for everyone and there is a lot to learn about its finer points. TLT is putting on a webinar (New Welsh Infrastructure Consenting Regime - all you need to know) to cover all things ICO / SIP on 21 January 2026, between 13.00 - 14.00. If you would like to attend this webinar, please register your interest.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at December 2025. Specific advice should be sought for specific cases. For more information see our terms & conditions.

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