This Act will apply an updated, consolidated ‘significant infrastructure project’ consenting regime in Wales.

The 'significant infrastructure project' system will expand on and supersede the existing Welsh 'developments of national significance' regime, once brought in force.

The Infrastructure (Wales) Act 2024 will apply an updated, consolidated ‘significant infrastructure project’ consenting regime in Wales. This will expand on and supersede the existing developments of national significance regime, once in force.

The majority of the Act will be brought into force by future commencing legislation. The Act will replace the Developments of National Significance (DNS) regime under the Planning (Wales) Act 2015.

This legislation will apply in Wales only.

What will change?

The significant infrastructure project regime aims to improve the functioning, consistency and speed of consenting for larger projects. Infrastructure consent will be required for these projects. Infrastructure Consents will consolidate all authorisations required to deliver the development.

Project Types

Significant infrastructure projects are those meeting the descriptions below, or which are specified in the National Development Framework for Wales or a Welsh Minister Direction. Future legislation may define ‘optional’ significant infrastructure projects, bringing them into the regime.

A range of projects, including electricity generating stations above 350MW, remain subject to the Nationally Significant Infrastructure Planning regime under the Planning Act 2008, as these are not devolved.

Energy

• Construction, extension or alteration of electricity generating stations (including offshore wind) with a rated electrical output up to 350MW;
• Development related to underground gas storage facilities;
• Construction of aboveground electric lines with a nominal voltage of 132 kV and a minimum length of 2km;
• Construction or alteration of liquefied natural gas (LNG) or gas reception facilities with a storage capacity of at least 43 million cubic metres or maximum flow rate of at least 4.5 million cubic metres per day;
• Exploration, appraisal or production of coal bed methane, shale oil or shale gas via unconventional extraction, including hydraulic fracturing;
• Gasification of coal in strata; and
• Open cast coal mine creation, winning or working of coal.

Transport

• Construction or alteration of highways with a continuous length of 1km or more;
• Construction or alteration of railways and rail freight interchanges;
• Construction and alteration of harbours to handle at least the relevant quantity of material per year; and
• Airport-related development.

Water Infrastructure

• Construction or alteration of dams or reservoirs, if the volume is expected to exceed 10 million cubic metres;
• Development relating to the transfer of at least 100 million cubic metres per year of water resources;
• Construction or alteration of wastewater treatment plants; and
• Construction or alteration of infrastructure for the transfer or storage of wastewater.

Waste

• Construction or alteration of a hazardous waste facility; and
• Radioactive waste geological disposal facilities, including boreholes of a depth of at least 150 metres to survey sites for suitability.

Infrastructure Consenting Process

Forthcoming regulations will set out pre-application services for potential applicants. Pre-application consultation and publicity requirements must be met.

The Act sets out notification and application requirements for infrastructure consent. Applications must be decided within 52 weeks of validation. Hearings and local inquiries will be required for the determination of applications in most cases.

Consent decisions will be required to reflect the desirability of mitigating and adapting to climate change.

Infrastructure Consents

Infrastructure consent orders will grant consent for the proposed development and associated development. These orders may include the compulsory acquisition of land and powers to override or extinguish pre-existing rights, such as rights of way.

Greenspace subscribers receive full monthly updates summarising new and forthcoming legislation applicable to their organisation.

To receive these free updates by email, please subscribe to our mailing list. For a free trial and demonstration of Greenspace or a quotation, please contact us by email.