The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025

Prospective

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Infrastructure (Wales) Act 2024 (“the 2024 Act”) establishes a unified application and consenting process to enable making and consideration of applications for infrastructure consent. The process applies to the significant infrastructure projects that are specified in Part 1 of the 2024 Act. Broadly, they are energy, transport, waste and water projects.

Part 2 of the 2024 Act contains the requirement for infrastructure consent. Part 3 of the 2024 Act makes provision about applying for infrastructure consent.

Part 4 of the 2024 Act contains provision about appointing an authority to examine applications for infrastructure consent (“the examining authority”) and about particular aspects of the examination process. Part 5 of the 2024 Act contains provisions about deciding applications for infrastructure consent.

These Regulations make provision for the process for pre-application notification, the manner in which applications for infrastructure consent in respect of such development are to be dealt with by the Welsh Ministers and the process to be followed following examination of an application for infrastructure consent.

Part 1 of these Regulations deals with preliminary issues.

Part 2 of these Regulations deals with pre-application notification. It includes provision about notice of proposed application and acceptance of notice of proposed application.

Part 3 of these Regulations deals with pre-application and publicity. It includes provision about pre-application requirements, website, site notices and written notice for consultation and publicity as well as details of additional requirements according to whether the application is for development is in Wales or the Welsh marine area. It also includes provision for the information to be contained in notices and responses to pre-application consultation.

Part 4 of these Regulations deals with applications for infrastructure consent. It includes provision about the period within which applications must be made, general requirements and notification of receipt of application. Provision is made regarding applications for the construction of a generating station, development relating to highways, railways and rail freight interchanges, harbour facilities and applications in respect of Crown land. Provision is also made on the validity of applications, extending the timescale of validating an application, content of a notice of valid application, publicity of valid applications and consulting statutory consultees.

Part 5 of these Regulations makes provision in relation to local impact reports, voluntary impact reports by a planning authority or community council and marine impact reports.

Part 6 of these Regulations deals with the procedure for variation of applications.

Part 7 of these Regulations makes transitional provisions. The transitional provisions in regulation 32 provide that an application for infrastructure consent made in the 12 month period beginning the day after these Regulations come into force will meet the requirements of section 30 of the 2024 Act provided the applicant has consulted those specified in regulation 32(1) and publicised the application.

The Schedule to the Regulations sets out the statutory and specialist consultees who must be consulted before the grant of infrastructure consent may be made according to the type of development being applied for.

The Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025 (S.I. 2025/692) deal with the examination procedure which follows an application and make further provision in relation to an examining authority, preparation for and the examination of applications and post-examination processes.

The Infrastructure Consent (Compulsory Acquisition) (Wales) Regulations 2025 (S.I. 2025/691) make supplementary provision where an application for infrastructure consent includes a request to authorise compulsory acquisition of land or of an interest in or right over land.

The Welsh Ministers’ Code of Practice in the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.