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

Made: 16 June 2025

Laid before Senedd Cymru: 17 June 2025

Coming into force: 15 December 2025

The Welsh Ministers, in exercise of the powers conferred on them by sections 29(1)(h), (2), (3) and (5), 30(2) and (3), 32(4) and (5), 34(2)(c), (3) and (5), 35(1)(a), 36(4)(b), 37(4)(b), 60(2)(d), (4)(d) and (6), 62(3)(d), 129(3)(a) and (4), 132(2), 140(1) and (2)[^f00001], 141(2) and 144 of the Infrastructure (Wales) Act 2024[^f00002], make the following Regulations.

PART 1 — Preliminary

Title and coming into force

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The title of these Regulations is the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025 and they come into force on 15 December 2025.

Interpretation and giving notices etc

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• (1) In these Regulations—

• “the 2024 Act” (“Deddf 2024”) means the Infrastructure (Wales) Act 2024;

• “applicant” (“ceisydd”) means a person who proposes to make, or has made an application for infrastructure consent;

• “application” (“cais”) means an application for infrastructure consent made under section 32 of the 2024 Act;

• “appropriate Crown authority” (“awdurdod priodol y Goron”) has the meaning given in section 134(5) of the 2024 Act;

• “consent” (“cydsyniad”) for the purpose of deemed consent and extinguished consent means—a consent or authorisation that is required, under an enactment, to be obtained for development,a consent or authorisation that—may authorise development, andis given under an enactment, ora notice that is required by an enactment to be given in relation to development;

• “co-ordinates” (“cyfesurynnau”) means—co-ordinates of latitude and longitude on the world Geodetic System 1984[^f00003], orco-ordinates on the National Grid used by the Ordnance Survey;

• “Crown land” (“tir y Goron”) has the meaning given in section 134(2) of the 2024 Act;

• “deemed consent” (“cydsyniad tybiedig”) means a consent that it is proposed the infrastructure consent order will deem to have been granted in accordance with section 84(1)(b) of the 2024 Act;

• “development” (“datblygiad”) has the meaning given in section 133 of the 2024 Act;

• “EIA development” (“datblygiad AEA”) means activity that—is “EIA development” as defined in regulation 2 of the Planning EIA Regulations, orrequires an environmental impact assessment in accordance with regulation 2A or Part 2 of the Marine EIA Regulations;

• “the EIA Regulations” (“y Rheoliadau AEA”) means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017[^f00006] and the Marine Works (Environmental Impact Assessment) Regulations 2007[^f00007];

• “environmental statement” (“datganiad amgylcheddol”) has the meaning given in regulation 2(1) of the Planning EIA Regulations in the case of development in Wales and regulation 2(1) of the Marine EIA Regulations in the case of development in the Welsh marine area;

• “examining authority” (“awdurdod archwilio”) means a person or panel of persons appointed under section 40 of the 2024 Act in respect of a particular application;

• “extinguished consent” (“cydsyniad a ddiddymwyd”) means a consent where it is proposed the infrastructure consent order will remove the requirement for the consent to be granted in accordance with section 84(1)(a) of the 2024 Act;

• “infrastructure consent” (“cydsyniad seilwaith”) means the consent required by section 19 of the 2024 Act;

• “infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) means an order made under the 2024 Act granting infrastructure consent;

• “land” (“tir”) includes buildings, monuments and land covered with waters (including the sea bed); and in relation to Part 6 of the 2024 Act (infrastructure consent orders) must be read in accordance with section 102 of that Act;

• “the Marine EIA Regulations” (“y Rheoliadau AEA Morol”) means the Marine Works (Environmental Impact Assessment) Regulations 2007[^f00008];

• “notice of acceptance” (“hysbysiad derbyn”) means a notice given under section 29(4) of the 2024 Act that the notification has been accepted;

• “notice of proposed application” (“hysbysiad o gais arfaethedig”)means a notice given by an applicant in accordance with section 29(1) of the 2024 Act;

• “notice of a valid application” (“hysbysiad o gais dilys”) means a notice under section 34(2) of the 2024 Act;

• “planning authority” (“awdurdod cynllunio”) means the local planning authority within the meaning given by Part 1 of the TCPA 1990 for an area in Wales;

• “the Planning EIA Regulations” (“y Rheoliadau AEA Cynllunio”) means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017[^f00009];

• “pre-application services” (“gwasanaethau cyn gwneud cais”) is to be interpreted in accordance with section 27(2) of the 2024 Act;

• “regulated activity” (“gweithgaredd a reoleiddir”) has the meaning given in regulation 2(1) of the Marine EIA Regulations;

• “relevant claim” (“hawliad perthnasol”) means—a claim under section 10 of the Compulsory Purchase Act 1965[^f00010] (compensation where satisfaction not made for compulsory purchase of land or not made for injurious affection resulting from compulsory purchase);a claim under Part 1 of the Land Compensation Act 1973[^f00011] (compensation for depreciation of land value by physical factors caused by use of public works);a claim under section 101(3) of the 2024 Act;

• “significant infrastructure project” (“prosiect seilwaith arwyddocaol”) has the meaning given by Part 1 of the 2024 Act;

• “specialist consultee” (“ymgynghorai arbenigol”)has the meaning in regulation 3(2)(b);

• “statutory consultee” (“ymgynghorai statudol”) has the meaning in regulation 3(2)(a);

• “screening direction” (“cyfarwyddydcwmpasu”) means a direction made by the Welsh Ministers as to whether development is EIA development;

• “TCPA 1990” (“DCGTh 1990) means the Town and Country Planning Act 1990[^f00012];

• “Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales (see Parts 1 and 2 of Schedule 4 to the Local Government Act 1972[^f00013];

• “Welsh marine area” (“ardal forol Cymru”) means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea, and the question on which parts of the sea are adjacent to Wales is to be determined in accordance with article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999[^f00014].

• (2) See section 136 of the 2024 Act in relation to provision in these Regulations which requires or authorises a person to—

• (a) notify another person of something, or

• (b) give a document to another person (whether the provision uses the word “serve”, “give” or other term).

PART 2 — Pre-application notification

Notice of proposed application

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• (1) The notice of proposed application must consist of—

• (a) the form published on a website maintained by the Welsh Ministers or on their behalf or a form substantially to the same effect,

• (b) the particulars specified or referred to in the form,

• (c) for development in Wales, a plan drawn to an identified scale and showing the direction of north, or for development in the Welsh marine area, co-ordinates which identify the location to which the application relates,

• (d) either—

• (i) a statement confirming that an environmental statement will be provided, or

• (ii) a screening direction, and

• (e) details of other persons to whom the pre-application form and other supporting information have been sent to.

• (2) In addition to the persons specified in section 29(1) of the 2024 Act, the notice of proposed application must be sent to—

• (a) the person in the third column of the table in the Schedule, where the application relates to the category of development listed in the second column of that table (“statutory consultee”), and

• (b) the person in the fourth column of the table in the Schedule, where the application relates to the category of development listed in the second column of that table (“specialist consultee”).

• (3) The notice of proposed application must be accompanied by any fee required to be paid in relation to the giving of such notification.

• (4) The form published by the Welsh Ministers in accordance with paragraph (1)(a) must include the following information—

• (a) the name and address of the applicant,

• (b) the location of the proposed development by reference to a site address or co-ordinates, and

• (c) a non-technical description of the proposed development.

Acceptance of notice of proposed application

4

Where a notice of proposed application is accepted, a notice of acceptance must be given by the Welsh Ministers within 14 days, beginning with the day after the receipt of the proposed application by the Welsh Ministers to—

• (a) the relevant statutory consultees and specialist consultees;

• (b) any person or persons notified under section 29(1)(a) to (g) of the 2024 Act;

• (c) any person or persons identified by the applicant in accordance with regulation 3(1)(e).

PART 3 — Pre-application consultation and publicity

Pre-application requirements

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An applicant must comply with the requirements of this Part before an application is submitted.

Consultation and publicity: website

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• (1) The applicant must publish and maintain information about the proposed development on a website within 3 months beginning with the day after receipt of the notice of acceptance by the Welsh Ministers.

• (2) The following information must be published on the website until an application is made—

• (a) the draft application form,

• (b) a copy of the notice of proposed application,

• (c) draft details of the community benefit of the scheme,

• (d) a non-technical description of the proposed development,

• (e) for development in Wales a plan drawn to an identified scale and showing the direction of north, or for development in the Welsh marine area, co-ordinates which identify the location to which the proposed application relates,

• (f) non-technical descriptions of any documents, plans, drawings and information relating to a proposed development,

• (g) drafts of any other documents, plans, drawings and information necessary to describe the proposed development,

• (h) details of consultation events undertaken or proposed to be undertaken,

• (i) details of up-dates, timescales and changes made to the proposed development,

• (j) a copy of the notice of acceptance of the proposed application,

• (k) where applicable, a draft of the environmental statement for the proposed development,

• (l) in a case where it is proposed that an infrastructure consent order should include either a deemed or extinguished consent, a draft statement about such consents, and

• (m) contact details for the applicant, including a postal and email address and telephone number.

• (3) Any plans or drawings to be provided under this regulation must be drawn to an identified scale and in the case of plans must show the direction of north.

Consultation and publicity: site notice

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• (1) In the case of a proposed application for development on land in Wales, the applicant must display a notice (“site notice”) in at least one place on or near the land to which the proposed application relates for not less than 42 days.

• (2) Where a proposed development relates to a linear scheme exceeding 5km in length, a site notice must be displayed at intervals of no more than 5km from the start to the end of the proposed route unless it is impracticable to do so.

• (3) Where the site notice is, without any fault of the applicant, removed, obscured or defaced before the period of 42 days has elapsed, the applicant will be treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps to protect the site notice and if need be, replace it.

Consultation and publicity for development in Wales: written notice

8

The applicant must give notice in writing of the proposed application to—

• (a) any owner or occupier of the land adjoining the land to which the proposed development relates,

• (b) if the proposed development is in Wales, each planning authority for the area in which the proposed development is located,

• (c) all relevant statutory consultees and specialist consultees,

• (d) if the proposed development is located in an area for which there is a community council, the community council,

• (e) each Member of the Senedd representing an area in which the proposed development is located,

• (f) each Member of the House of Commons representing an area in which the proposed development is located,

• (g) all persons who own, occupy or have another interest in the land to which a proposed development relates, or could be affected in such a way that they may be able to make a relevant claim, and

• (h) any other person or persons the applicant considers appropriate including individuals, groups or societies identified by any pre-application services provided.

Consultation and publicity for development in Wales: additional requirements

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The applicant must publicise the proposed application by the following methods—

• (a) by publication of the notice in a newspaper circulating in the locality in which the land to which the proposed application relates is situated for a minimum period of 7 days, and

• (b) by holding at least one public engagement event in the locality of the land to which the application relates.

Consultation and publicity for development in the Welsh marine area: additional requirements before applying for infrastructure consent

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• (1) In the case of a proposed application for development in the Welsh marine area, the applicant must—

• (a) give notice to —

• (i) any planning authority considered appropriate by the applicant;

• (ii) all relevant statutory consultees and specialist consultees;

• (iii) any relevant community council considered appropriate by the applicant;

• (iv) any Member of the Senedd considered appropriate by the applicant;

• (v) any Member of the House of Commons considered appropriate by the applicant;

• (vi) Natural Resources Wales;

• (vii) any other person or persons the applicant considers appropriate, including individuals, groups or societies identified by any pre-application services provided;

• (b) by publishing the notice for at least 7 days in—

• (i) one or more local newspapers which are likely to come to the attention of those likely to be affected by the proposed development;

• (ii) at least one appropriate fishing journal if one is in circulation;

• (iii) Lloyd’s List.

• (2) The applicant must have complied with paragraph (1) before an application is submitted.

Information to be contained in notices

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Notices issued as part of pre-application publicity and consultation under regulations 7 to 10 must contain the following information—

• (a) the name and address of the applicant including a postal and email address and telephone number,

• (b) the location of the proposed development,

• (c) a summary of the main proposals, including whether the proposed application includes a request to authorise the compulsory acquisition of land[^f00015],

• (d) details of any pre-application consultation events to be held,

• (e) details of the website under regulation 6(1) and an address at which documents published on that website can be viewed, and

• (f) the date by which any responses are to be received, such date being no less than 42 days beginning with the day after the date the notice is issued.

Responses to pre-application consultation

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• (1) A statutory consultee, consulted under regulation 8 or 10 must provide a substantive response within 42 days beginning with the day after the notice referred to in regulation 8 or 10 is given or such other period as may be agreed in writing between the statutory consultee and the applicant.

• (2) A substantive response is one which—

• (a) states the statutory consultee has no comment to make and gives reasons for that response,

• (b) states the statutory consultee has no objection to the proposed development and refers the applicant to current standing advice by the statutory consultee on the subject of the consultation,

• (c) advises the applicant the statutory consultee has concerns about the proposed development and how those can be addressed, or

• (d) advises the applicant the statutory consultee has concerns about the proposed development and that it would object to an application made in the same or substantially the same terms and sets out the reasons for those objections.

PART 4 — Applications for infrastructure consent

Interpretation

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In this Part “gas”, “generating station”, “goods”, “harbour”, “highway” and “rail freight interchange” each has the meaning given in section 143 of the 2024 Act.

Period within which applications must be made

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• (1) An application must be made within 18 months beginning with the day after the Welsh Ministers give notice of acceptance ....