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The Infrastructure Consent (Correcting Errors and Applications to Change or Revoke Infrastructure Consent Orders) (Procedure) (Wales) Regulations 2026

Type Welsh-Statutory-Instrument

Publication 2026-02-02

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) anyone entitled to make an application under section 90(3) of the 2024 Act, if that person is not the applicant,

(c) any person who, if the relevant infrastructure consent order were to be changed as requested in the application and fully implemented, would or might be entitled to make a relevant claim,

(d) any owner or occupier of land adjoining the relevant land,

(e) each planning authority for an area of the relevant land, if that planning authority is not the applicant,

(f) if the relevant land is located in an area for which there is a community council, the community council,

(g) each member of the Senedd representing an area of the relevant land,

(h) each member of the House of Commons representing an area of the relevant land,

(i) any statutory and specialist consultees,

(j) in the case of an application for revocation, all original statutory and specialist consultees,

(k) where the application included a compulsory acquisition request, any person listed in the book of reference in respect of the particular application,

(l) in the case of an application for revocation, where the relevant infrastructure consent order includes provision authorising the compulsory acquisition of land, any person notified under regulation 5(2), 7(2) or 15(2) of the 2025 Compulsory Acquisition Regulations, and

(m) any other person the examining authority considers or the Welsh Ministers consider (as the case may be) appropriate.

63

(1) This regulation applies where—

(a) the examining authority or the Welsh Ministers have decided an application, and

(b) the relevant infrastructure consent order grants infrastructure consent for development in the Welsh marine area.

(2) The examining authority or the Welsh Ministers (as the case may be) must notify the following of the decision under regulation 61—

(a) the applicant,

(b) any person entitled to make an application under section 90(3) of the 2024 Act, if that person is not the applicant,

(d) any planning authority considered appropriate by the examining authority or the Welsh Ministers (as the case may be),

(e) any community council considered appropriate by the examining authority or the Welsh Ministers (as the case may be),

(f) any Member of the Senedd considered appropriate by the examining authority or the Welsh Ministers (as the case may be),

(g) any Member of the House of Commons considered appropriate by the examining authority or the Welsh Ministers (as the case may be),

(h) any statutory and specialist consultees,

(i) in the case of an application for revocation, all original statutory and specialist consultees, and

(j) any other person the examining authority considers or the Welsh Ministers consider (as the case may be) appropriate.

Reasons for decision to grant or refuse application

64

(1) When the Welsh Ministers have decided an application, they must prepare a statement of their reasons for deciding to—

(a) make an order changing or revoking the relevant infrastructure consent order, or

(b) refuse the application.

(2) When the examining authority has decided an application, it must prepare a statement of its reasons for deciding—

(a) that an order changing or revoking (as the case may be) the relevant infrastructure consent order is to be made, or

(b) to refuse the application.

(3) The examining authority or the Welsh Ministers (as the case may be) must provide a copy of the statement of reasons to the persons to be notified of a decision on an application under regulation 62 or 63 (as the case may be).

(4) The Welsh Ministers or the examining authority (as the case may be) must publish the statement of reasons on a website.

Chapter 3 — Effect of decisions

65

(1) This regulation applies where the Welsh Ministers have exercised their power under section 90(1) of the 2024 Act on an application under section 90(3) or (4) of that Act.

(2) Where an order making a change to an infrastructure consent order is made —

(a) the relevant infrastructure consent order continues in force, and

(b) the change to the relevant infrastructure consent order takes effect—

(i) from the date notice of the decision on the application is given under regulation 62 or 63 (as the case may be), or

(ii) if the change to the relevant infrastructure consent order is required to be made by order contained in a statutory instrument, the date specified in the order making the change.

(3) Where an order revoking an infrastructure consent order is made, the revocation takes effect—

(a) from the date specified in the order making the revocation, or

(b) where there is no date specified, the date on which the order revoking the infrastructure consent order is made.

Chapter 4 — Legal challenge and procedure following quashing of decision

Legal challenges: relevant day

66

The relevant day for the purposes of section 96(7)(b) of the 2024 Act is the day on which—

(a) the application is withdrawn,

(b) the order made under section 90(1) of the 2024 Act is published or (if later) the statement of reasons for making the order is published, or

Procedure following quashing a decision

67

(1) This regulation applies where—

(a) an examining authority is appointed under section 40(2) of the 2024 Act, and

(b) a decision of the examining authority or the Welsh Ministers in respect of an application is quashed by any court.

(2) The examining authority must—

(a) send to all interested parties a written statement of the matters with respect to which further representations are invited for the purposes of its reconsideration of the decision, and

(b) give the interested parties the opportunity to make representations to the examining authority in respect of those matters.

(3) Any interested parties invited to submit representations under this regulation must submit them before the end of the period of—

(a) if the application relates to EIA development, 28 days beginning with the day after the written statement is given to the interested party;

(b) in any other case, 21 days beginning with the day after the written statement is given to the interested party.

(4) The examining authority may extend the period specified in paragraph (3) in a particular case.

(5) The examining authority may, as it considers it appropriate—

(a) re-open the hearing or local inquiry,

(b) open a new hearing or local inquiry, or

(6) See regulation 25(3) for the definitions of “further representations” and “interested party”.

Schedule — Notices to statutory and specialist consultees

Column 1	Column 2	Column 3	Column 4
Paragraph	Description of Development	Relevant Statutory Consultee	Relevant Specialist Consultee
(a)	All applications	Natural Resources Wales The relevant water and sewerage undertaker National Air Traffic Services Ministry of Defence Public Health Wales Transport for Wales	Canal and River Trust Distribution Network Operators
(b)	Development likely to result in a material increase in the volume or material change in the character of traffic— (i) entering of leaving a trunk road; (ii) using a level crossing over a railway	The Welsh Ministers The operator of the network which includes or consists of the railway in question
(c)	Development which involves the provision of a building or pipeline in an area of coal working notified by the Coal Authority to the Welsh Ministers	The Coal Authority
(d)	Development which has a physical impact on a scheduled monument, Development likely to be visible from a scheduled monument and which meets one of the following criteria— it is within a distance of 0.5 km from any point of the perimeter of a scheduled monument, it is within a distance of 1 km from the perimeter of a scheduled monument and is 15 metres or more in height, or has an area of 0.2 hectares or more, it is within a distance of 2 km from the perimeter of a scheduled monument and is 50 metres or more in height, or has an area of 0.5 hectares or more, it is within a distance of 3 km from the perimeter of a scheduled monument and is 75 metres or more in height, or has an area of 1 hectare or more, or it is within a distance of 5 km from the perimeter of a scheduled monument and is 100 metres or more in height, or has an area of 1 hectare or more, Development likely to affect the site of a registered historic park or garden or its setting, Development within a registered historic landscape that requires an Environmental Impact Assessment, Development likely to have an impact on the outstanding universal value of a World Heritage Site	The Welsh Ministers
(e)	Development involving any land on which there is a theatre		The Theatres Trust
(f)	Development which involves — (i) the loss of not less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes, or (ii) the loss of less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes, in circumstances in which the development is likely to lead to a further loss of agricultural land amounting cumulatively to 20 hectares or more	The Welsh Ministers
(g)	Development which— (i) is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field, or (ii) is on land which has been: (aa) used as a playing field at any time in the years before the making of the relevant application and which remains undeveloped, (bb) allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement, or (iii) involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface.	The Sports Council for Wales
(h)	Development— (i) involving waste development, (ii) involving the provision of a building where the floor space to be created by the development is 1,000 square metres or more, (iii) carried out on a site having an area of 1 hectare or more	The Fire and Rescue Authority concerned
(i)	Development that includes a requirement for a deemed marine licence	The Crown Estate The Joint Nature Conservation Committee The Maritime and Coastguard Agency Trinity House Reserved Trust Ports Local harbour authority Local ports Welsh Ministers Royal Commission on Ancient and Historic Monuments of Wales Inshore Fisheries and Conservation Authorities	The Royal Yachting Association Concerned Welsh archaeological trust UK Chamber of Shipping National Federation of Fishermen’s Organisations Welsh Fishermen’s Association
(j)	Developments likely to affect the maritime or coastal environment, or the shipping industry	The Maritime and Coastguard Agency
(k)	Development which may impact the marine environment	Joint Nature Conservation Committee
(l)	Development which may affect the marine environment within English territorial waters	The Marine Management Organisation
(m)	Developments likely to affect navigation in tidal waters	Trinity House
(n)	Development relating to airports or which are likely to affect an airport or its current or future operation	The Civil Aviation Authority
(o)	Development likely to affect the Crown Estate or is located on Crown Land	The Crown Estate
(p)	Development likely to affect an area under control of a harbour authority	Harbour Authority concerned Navigation Authority concerned Associated British Ports
(q)	Development which includes railway or is likely to affect railway	Network operators
(r)	Development which includes the provision of electricity infrastructure		Distribution Network Operators

Interpretation of Table In the above Table— in paragraph (b)— “network” (“rhwydwaith”) and “operator” (“gweithredwr”) have the same meaning as in section 83(1) of the Railways Act 1993[^f00016] (the provision of railway services); “trunk road” (“cefnffordd”) has the same meaning as in section 143 of the 2024 Act; in paragraph (d)— “scheduled monument” (“heneb gofrestredig”) has the same meaning as in section 3(7) of the Historic Environment (Wales) Act 2023[^f00017] (duty to maintain and publish schedule of monuments); Reference to the height of development is to be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the development in question, or where the level of the surface of the ground on which it is situated is not uniform, the level of the highest part of the surface immediately adjacent to it; “registered historic park or garden” (“parc hanesyddol cofrestredig neu ardd hanesyddol gofrestredig”) and “registered historic landscape” (“tirwedd hanesyddol gofrestredig”) means the park, garden or landscape included in the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales maintained by the Welsh Ministers; “World Heritage Site” (“Safle Treftadaeth y Byd”) means land appearing on the World Heritage List kept under article 11(2) of the UNESCO Convention for the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972; in paragraph (e), “theatre” has the same meaning as in section 5 of the Theatres Trust Act 1976[^f00018] (interpretation); in paragraph (g)— “playing field” (“maes chwarae”) means the whole of a site which encompasses at least one playing pitch; “playing pitch” (“llain chwarae”) means a delineated area which, together with run-off area, is of 0.2 hectares or more and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo; in paragraphs (i) and (p) “harbour authority” has the meaning given in section 143 of the 2024 Act; in paragraph (n) “airport” has the meaning given in section 143 of the 2024 Act; in paragraph (r) “Distribution Network Operators” means companies licensed to operate the networks that distribute electricity from the national transmission grid to end users.

Signed

Rebecca Evans — Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers — 2 February 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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 6 of the 2024 Act makes provision about infrastructure consent orders (orders granting infrastructure consent) including provision giving the Welsh Ministers—

power to correct errors in a decision document, which is defined in section 86 of the 2024 Act as an infrastructure consent order or a notice notifying an applicant their application for infrastructure consent has been refused (section 87 of the 2024 Act), and

power, by order, to change or revoke an infrastructure consent order (section 90 of the 2024 Act).

These Regulations make provision about the procedure for correcting an error in a decision document and about the procedure in relation to applications to change or revoke an infrastructure consent order.

Part 1 of these Regulations makes general provision.

Part 2 of these Regulations makes provision about consultation where it is proposed that an error in a decision document be corrected, giving notice of a decision whether or not to correct an error and the effect of such a decision.

Part 3 of these Regulations makes provision about the procedure in relation to making applications to change or revoke an infrastructure consent order, including the pre-application procedure.

Part 4 of these Regulations makes provision about the procedure for examining an application to change or revoke an infrastructure consent order where an examining authority is appointed under section 40(2) of the 2024 Act.

Part 5 of these Regulations makes provision about the procedure to be followed where an examining authority is not appointed to examine an application.

Part 6 of these Regulations makes provision about the making of decisions on applications to change or revoke an infrastructure consent order and the effect of such decisions. It also makes provision about the “relevant day” for the purposes of section 96(7)(b) of the 2024 Act (legal challenges) and the procedure following the quashing of a decision.

The Welsh Ministers’ Code of Practice on 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 the Welsh Government at Cathays Park, Cardiff CF10 3NQ and on the Welsh Government website at www.gov.wales.

Footnotes

[^f00001]: For the meaning of “appropriate Minister” see section 140(4) of the Infrastructure (Wales) Act 2024 (asc 3); see section 140(3) otherwise.

[^f00002]: 2024 asc 3.

[^f00003]: S.I. 2025/690 (W. 114) to which there are amendments which are not relevant to these Regulations.

[^f00004]: S.I. 2025/691 (W. 115) which were amended by S.I. 2025/1091 (W. 181).

[^f00005]: S.I. 2017/567 (W. 136) which were amended by S.I. 2025/1192 (W. 193). There are other amendments, but none are relevant to these Regulations.

[^f00006]: S.I. 2007/1518, amending instruments are S.I. 2011/735, S.I. 2015/446, S.I. 2017/588, S.I. 2019/25 and S.I. 2025/1192 (W. 193).

[^f00007]: 1990 c. 8.

[^f00008]: 1965 c. 56.

[^f00009]: 1973 c. 26.

[^f00010]: 1972 c. 70. Part 1 was amended by the Local Government (Wales) Act 1994 (c. 19), section 1(2) and Schedule 1, paragraph 1 and Part 2 was amended by section 1(2) and Schedule 1, paragraph 2 of that Act.

[^f00011]: S.I. 1999/672.

[^f00012]: The World Geodetic System 1984 (“WGS 84”) defines a reference frame for the earth, for use in geodesy and navigation. It was developed by the United States’ National Geospatial-Intelligence Agency and is maintained by it. WGS 84 is defined at paragraph 2.1 of the United States’ National Imagery and Mapping Agency Technical Report TR8350.2, third edition, amendment 1 of 3 January 2000 entitled “Department of Defense World Geodetic System 1984 https://gis-lab.info/docs/nima-tr8350.2-wgs84fin.pdf

[^f00013]: See regulation 2(1) for the meaning of “planning authority”.

[^f00014]: See section 60 of the Planning and Compulsory Purchase Act 2004 (c. 5).

[^f00015]: 2009 c. 23.

[^f00016]: 1993 c. 43.

[^f00017]: 2023 asc 3.

[^f00018]: 1976 c. 27.

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