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New Wales infrastructure consenting regime is ‘a significant step forward’

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The legislation will reform how infrastructure is consented in Wales. Matthew Horwood/Getty Images


The Welsh government has taken a significant step towards modernising its infrastructure planning system and unlocking greater investment with the enactment of the Infrastructure (Wales) Act 2024, an expert has said.

The 2024 Act sets out the detailed aspects of the new SIPs regime, including transitional arrangements for moving from current consenting frameworks to the new regime. 

Jonathan Leary, planning and infrastructure expert at Pinsent Masons, said: “Now the new Regulations have been made, promoters of infrastructure projects in Wales will have a much clearer picture of the consenting routes available to them and will be able to make more of an informed choice as to whether the new SIPs regime under the 2024 Act is right for their development strategies and projects.

New guidance on the introduction of the new consenting regime is awaited and should, once published, clarify the practicalities around implementation of the new SIPs regime.

“Welsh promoters of national infrastructure projects should ensure that they are familiar with the transitional arrangements and changes to consenting requirements under the current consenting regimes like the Developments of National Significance (DNS) regime”, said Leary.

“Transitional arrangements mean that those promoters of projects that want to opt for the DNS regime will need to submit a notification for a DNS project before 15 December 2025”, said Leary.

“The 2024 Act replaces the DNS regime with a new Welsh infrastructure consent system encompassing energy, transport, waste and water projects which will require an ICO if within the prescribed thresholds for a SIPs going forward. The ICO regime shares many of the hallmarks of the Planning Act 2008 process but with a distinctly Welsh approach.”

Under the 2024 Act regime, Welsh ministers will be empowered to amend the list of SIPs through regulations, with flexibility to adapt to energy technologies and future infrastructure needs.

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