Understanding the Infrastructure Consent Regulations for Wales 2025

In 2024, the Welsh Government introduced the Infrastructure Act, aimed at streamlining the process for significant infrastructure projects in Wales, covering energy, transport, waste, and water sectors. This act has paved the way for the new Infrastructure Consent Regulations set to come into force on December 15, 2025.

Key Highlights of the Regulations:

1. Unified Application Process: The Act establishes a single, unified application and consent process for significant infrastructure projects, simplifying what was previously a complex web of procedures.

2. Designation of Significant Projects: The regulations outline specific projects that Welsh Ministers can designate as 'significant infrastructure projects'. These include certain energy stations, transport links, and water facilities with defined capacity thresholds.

3. Role of Welsh Ministers: Welsh Ministers are empowered to guide and direct the designation of projects as significant infrastructure projects. They can also exempt certain cross-border developments from standard consent requirements under specific circumstances.

4. Pre-Application Services: Developers are encouraged to engage in pre-application discussions with planning authorities and Natural Resources Wales to ensure thorough preparation. The regulations stipulate specific services and guidance that should be provided during this phase.

5. Registers and Transparency: Planning authorities and Natural Resources Wales are required to maintain and publish registers of pre-application services and documentation, ensuring transparency and accountability in the planning process.

6. Exemptions and Assumptions: Certain consents can be assumed or exempted through provisions in an infrastructure consent order, reducing the bureaucratic burden on developers.

7. Timelines for Decisions: The regulations set clear timelines for the Welsh Ministers to make decisions on infrastructure projects, typically within 29 days of receiving a qualified request, unless further information is needed.

8. Consultation and Reporting: Statutory consultees must provide annual performance reports to the Welsh Ministers, detailing their involvement in consultation processes and any delays encountered.

These regulations aim to streamline the infrastructure development process in Wales, ensuring efficiency while maintaining regulatory oversight, ultimately fostering a more predictable environment for investment and development in critical infrastructure sectors.