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

• (4) The Welsh Ministers must not come to a decision which is at variance with the recommendation of the examining authority, without first taking the steps set out in paragraphs (5) to (7).

• (5) The Welsh Ministers must give all interested parties notice—

• (a) of the difference in their view and their reasons for it, or

• (b) of the new evidence or new fact.

• (6) Where the examination has been wholly by way of written representations, the examining authority must give all interested parties the opportunity to make representations in writing on that difference, new evidence or new fact by a specified date.

• (7) Where any part of the examination has been by way of hearing or local inquiry, the examining authority must notify the interested parties—

• (a) that they may require the hearing or local inquiry to be re-opened to examine the difference, new evidence or new fact, and

• (b) of the date by which the interested parties must notify the examining authority of any request to re-open the examination to examine the difference, new evidence or new fact.

• (8) The date specified under paragraph (6) or (7)(b) must be at least—

• (a) 28 days from the date notice is given under paragraph (5), if the application relates to EIA development;

• (b) 21 days from the date notice is given under paragraph (5), in any other case.

• (9) The examining authority—

• (a) must re-open a hearing or a local inquiry to examine the difference, new evidence or fact if an interested party so requests under paragraph (7), or

• (b) may otherwise, if it considers it appropriate, re-open a hearing or a local inquiry to examine the difference, new evidence or fact.

• (10) Where the examining authority re-opens a hearing or a local inquiry, it must send to the interested parties as soon as reasonably practicable, a written statement of the matters in respect of which further representations are invited.

• (11) The examining authority must provide the written statement in paragraph (10) at least—

• (a) 28 days before the first day of any re-opened hearing or local inquiry, if the application relates to EIA development;

• (b) 21 days before the first day of any re-opened hearing or local inquiry, in any other case.

Direction to re-open the examination

53

Where the examining authority re-opens a hearing or a local inquiry pursuant to a direction by the Welsh Ministers under section 53(1) of the 2024 Act, it must send to the interested parties as soon as reasonably practicable a written statement of the matters in respect of which further evidence is invited.

Proposal to make materially different order

54

• (1) This regulation applies where the Welsh Ministers propose to make an order under section 90(1) of the 2024 Act—

• (a) on terms which are in their opinion materially different from those proposed in the application, and

• (b) whether as a result of a notice under regulation 61(2) or not.

• (2) The Welsh Ministers must—

• (a) notify any person who seems to them to be likely to be affected,

• (b) give that person an opportunity of making representations to them about the differences within a time specified in that notice, and

• (c) consider the representations made during the time specified in that notice, before making an order under section 90(1) of the 2024 Act.

Part 5 — Procedure where no examination

Procedure where no examination

55

• (1) This regulation applies where an examining authority is not appointed under section 40(2) of the 2024 Act to examine a particular application.

• (2) The Welsh Ministers must give notice to the persons specified in paragraph (4) that the application is not to be examined by an examining authority.

• (3) The Welsh Ministers must give notice under paragraph (2)—

• (a) in the case of an application for a non-material change, as soon as reasonably practicable after they receive the notice and statement referred to in regulation 16(3);

• (b) in the case of an application for a material change or an application for revocation, as soon as reasonably practicable after the end of the post-application representation period in respect of the particular application.

• (4) The persons to be notified under paragraph (2) are—

• (a) the applicant,

• (b) any persons who made representations on the application during the post-application representation period, and

• (c) any other person the Welsh Ministers consider appropriate.

• (5) The notice under paragraph (2) must contain the following information—

• (a) a statement that the application is not to be examined by an examining authority,

• (b) the reasons why the Welsh Ministers consider it unnecessary for the application to be examined by an examining authority,

• (c) details of how further representations on the application can be made, and

• (d) the date by which further representations on the application must be received which must be at least 28 days after the notice is given.

• (6) The Welsh Ministers must publish the notice under paragraph (2) on a website.

Part 6 — Decisions and legal challenge etc.

Chapter 1 — Applications: decision maker, statutory policies and other relevant matters, and timetable

Function of deciding application

56

• (1) Where an examining authority is appointed under section 40(2) of the 2024 Act to examine a particular application, the examining authority has the function of deciding that application.

• (2) Paragraph (1) is subject to any direction made under paragraph (3).

• (3) In relation to any application, the Welsh Ministers may direct that they have the function of deciding the application instead of an examining authority.

Deciding applications to change an infrastructure consent order: general considerations

57

• (1) In deciding an application to change an infrastructure consent order which includes a request to authorise development, the examining authority or the Welsh Ministers (as the case may be) must—

• (a) have regard to—

• (i) any infrastructure policy statement that has effect in relation to the kind of development to which the application relates (a “relevant policy statement”);

• (ii) the National Development Framework for Wales¹⁴ so far as relevant to the kind of development to which the application relates;

• (iii) any marine plan (within the meaning of section 51(3) of the Marine and Coastal Access Act 2009¹⁵) prepared and adopted by the Welsh Ministers so far as relevant to the kind of development to which the application relates, and

• (b) make their decision or its decision (as the case may be) in accordance with the relevant policy statement, framework or plan unless relevant considerations indicate otherwise.

• (2) The fact that any relevant policy statement, framework or plan identifies a location as suitable (or potentially suitable) for a particular kind of development does not prevent the Welsh Ministers or examining authority (as the case may be) from deciding an application otherwise than in accordance with the relevant policy statement, framework or plan if relevant considerations indicate otherwise.

• (3) In this regulation and regulation 59, “infrastructure policy statement” has the meaning given by section 127(2) of the 2024 Act.

Duty to have regard to specific matters when making decisions on applications

58

In deciding an application, the examining authority or the Welsh Ministers (as the case may be) must have regard to—

• (a) any examination carried out under Part 4 of these Regulations;

• (b) the desirability of mitigating, and adapting to, climate change;

• (c) any other relevant consideration.

Matters that may be disregarded when making decisions on applications

59

In deciding an application, the Welsh Ministers or the examining authority may disregard representations if the Welsh Ministers consider, or the examining authority considers (as the case may be), that the representations—

• (a) are vexatious or frivolous,

• (b) relate to the merits of policy set out in—

• (i) an infrastructure policy statement,

• (ii) the National Development Framework for Wales, or

• (iii) any marine plan (within the meaning of section 51(3) of the Marine and Coastal Access Act 2009) prepared and adopted by the Welsh Ministers, or

• (c) relate to compensation for compulsory acquisition of land or of an interest in or right over land.

Timetable for deciding application

60

• (1) Where an application is not examined by an examining authority, the Welsh Ministers must decide an application before the end of 8 weeks beginning with the day after the day the notice under regulation 55(2) is given.

• (2) Where an examining authority has the function of deciding an application, it must decide the application before the end of 12 weeks beginning with the day after—

• (a) where an application is examined solely on the basis of the application and any written representations, the day the examining authority finishes examining the application and any written representations;

• (b) where an application is examined, solely or in part, at a hearing or a local inquiry, the day the hearing or the local inquiry closes.

• (3) Where an application is examined and the Welsh Ministers have the function of deciding that application, they must decide the application before the end of 8 weeks beginning with the day after they receive a report under section 52 of the 2024 Act in respect of that application.

• (4) The Welsh Ministers may, by direction, extend the periods mentioned in paragraphs (1) to (3).

• (5) A direction may be given—

• (a) more than once in relation to the same application;

• (b) after the end of the periods mentioned in paragraphs (1) to (3).

• (6) As soon as reasonably practicable after giving the direction, the Welsh Ministers must—

• (a) notify the applicant and any other person they consider appropriate of the direction, and

• (b) publish the direction on a website.

Chapter 2 — Decisions on applications

Grant or refusal of application

61

• (1) When the Welsh Ministers have decided an application, they must either—

• (a) make an order under section 90(1) of the 2024 Act changing or revoking (as the case may be) the relevant infrastructure consent order, or

• (b) refuse the application.

• (2) When the examining authority has decided an application, it must either—

• (a) notify the Welsh Ministers of its decision that an order changing or revoking (as the case may be) the relevant infrastructure consent order is to be made, or

• (b) refuse the application.

• (3) Where the Welsh Ministers receive a notice under paragraph (2)(a) they must make an order in respect of the application to which the notice relates.

• (4) The Welsh Ministers or the examining authority (as the case may be) must publish their decision on a website as soon as reasonably practicable.

Notice of grant or refusal of applications where the relevant infrastructure consent order grants infrastructure consent for development in Wales

62

• (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 Wales.

• (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) 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.

Notice of grant or refusal of applications where the relevant infrastructure consent order grants infrastructure consent for development in the Welsh marine area

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,

• (c) Natural Resources Wales,

• (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

Effect of a decision to make an order making a change to, or revoking, an infrastructure consent order

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

• (c) the statement of reasons for the refusal of an application is published under regulation 64(4).

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

• (c) examine the matter on the basis of written representations.

• (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 199316 (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 202317 (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 197618 (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—

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