How does the Application Process for the new Welsh infrastructure consenting regime work?

The Significant Infrastructure Regime came into force in Wales on 15 December 2025. We have set out the key takeaways from the November and December Welsh Government guidance notes relating to the application process below.

Guidance published for the new Welsh infrastructure consenting regime – what you need to know about the application process

On 21 January 2025, we published a blog on what to expect for Welsh consenting in 2025. This highlighted the new significant infrastructure project (SIP) regime to be introduced and we followed up with more details in August and September relating to five sets of Regulations and two guidance notes.

The SIP regime came into force on 15 December 2025 and the Welsh Government published a series of guidance notes in November and December 2025. We have set out some key takeaways from the recent guidance notes relating to the stages of the application process.

Stage 1: Pre-Application

Developers must notify PEDW using the prescribed form before starting official publicity or consultation. Copies of the notice must be sent to various parties including each relevant planning authority and any statutory or special consultees. PEDW has 14 days to accept the notification, at which point the developer has 18 months to carry out the required publicity and consultation and then submit the SIP application.

Applicants should consider whether an EIA is necessary from an early stage. The notification must either confirm that an Environmental Statement (ES) will be provided or include a screening direction showing that the development does not require an ES.

Within 3 months of acceptance of the notification, the developer must publicise a detailed list of information on the project website and this must be maintained until the application is made. Although not a legal requirement, the guidance encourages developers to publish ‘public-facing’ (i.e. non-technical) documents in Welsh and English. Developers must carry out a 6-week Pre‑Application Consultation (PAC), and a PAC report must be prepared summarising the feedback received and how it has been considered.

Stage 2: Submission and Acceptance

Guidance sets out a long list of information which must be submitted with the application including a draft Infrastructure Consent Order (ICO) and Explanatory Memorandum setting out a detailed account of the draft ICO and the reasons for each power or provision, both of which must be provided in English and Welsh. The application must be made using a prescribed form (or a form substantially to the same effect) but this is yet to be published.

Where there is a compulsory acquisition request, in addition to the documents required by the Regulations, the guidance sets out that a developer must submit (i) a copy of the notice served on any interested person and (ii) a plan, which should be supported by a shapefile, showing the land to be compulsorily acquired cross-referenced with any interested persons identified.

PEDW then checks whether the application meets all statutory requirements and is complete. PEDW aims to complete these validation checks within 4 weeks, or 6 weeks if an ES is included. Once the application is accepted, PEDW will publish the application documents on the planning casework portal.

Stage 3: Examination

After acceptance, PEDW publicises the application and holds a consultation period where interested parties are invited to comment. Statutory consultees are required to respond within 42 days of the consultation period starting.  PEDW then reviews the application and any comments received, identifies the core issues, determines how the examination will proceed, and issues a timetable setting out key examination dates.

Examinations can proceed through hearings or written representations where a hearing is not considered helpful, with inquiries reserved for complex or disputed matters. Open-floor hearings are held if requested, and site visits may be undertaken to assist decision-making. The process remains flexible, allowing for adjustments where new evidence arises or procedural changes are required.

PEDW aims to complete examinations within 52 weeks, although extensions may be necessary for particularly complex cases or where policy changes occur. 

Stage 4: Decision

The decision must be made in accordance with relevant policy statements, the National Development Framework for Wales (if relevant) and any relevant marine plan unless there are relevant considerations which suggest otherwise.

The decision can be made by the examining authority or the Welsh Ministers, however the guidance does not explain how the appropriate decision maker will be selected. The Infrastructure (Wales) Act 2024 sets out that regulations will specify which developments will be decided by the examining authority, although the Welsh Ministers have the power override the regulations and choose the decision maker. Therefore until these regulations are made, the decision maker will be selected by the Welsh Ministers.

Where the application is decided by the examining authority, they will prepare a report setting out their decision along with a statement of reasons. If the application is granted, the Welsh Ministers are notified and will make the ICO.

Where the application is decided by the Welsh Ministers, the examining authority prepares a report and recommendation for the Welsh Ministers who make the final decision on whether to grant an ICO.

In either case the decision is final and can only be challenged by judicial review.

What next?

A second commencement order – The Infrastructure (Wales) Act 2024 (Commencement No 2) Order 2025 – was made on 10 December 2025 bringing more of the Infrastructure (Wales) Act 2024 into force from 16 March 2026, including provisions relating to amending, revoking and challenging ICOs.

There will be plenty for developers to get their heads around this year as the SIP regime is put into practice – watch this space!

How can Burges Salmon help?

Our Planning & Compulsory Purchase team has extensive experience advising on Welsh planning and compulsory purchase projects and we regularly advise clients on how changes in Wales may affect projects.

If you have any queries or want to know more about the SIP regime, please do not hesitate to contact Cathryn Tracey in our Planning & Compulsory Purchase team.