103 days to the Infrastructure Consent Regime

The countdown is on – not to Christmas but to the new Infrastructure Consent regime launching in Wales.  We are still waiting for two sets of Regulations but on 22^nd August, Welsh Government published the first of a series of anticipated Guidance on the infrastructure consenting process covering transitional provisions (the “Transitional Guidance”). has been published alongside what looks to be a general information page.

The Transitional Guidance makes small number of short statements about the intention of the regime. 

For developments which are seeking to stay within the DNS regime, the Transitional Guidance is clear that provided the pre-application notification is made before 15 December 2025, that development can continue to proceed within the DNS regime including making an application within 12 months of the pre-application notification being made and it being determined accordingly.

For developments which do not meet this 15 December 2025 cut off or otherwise wish to be part of the IC regime, applications must be in compliance with the new regulations (some of which are still yet to be published).

The Transitional Guidance highlights the requirement to comply with the new IC regime regulations when it comes to pre-application consultation undertaken after 15 December 2025. Applicants must demonstrate compliance with Regulation 32 “to the satisfaction of the Welsh Ministers”.  We take this reference as being to Regulation 32 of the Infrastructure Consent (Pre Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025 and as such compliance with consultation requirements will be determined with reference to this provision. 

There are differences between the pre-application consultation requirements under the DNS and IC regimes and it is important to be aware of these when considering consenting strategy for an existing DNS project which may not be able to meet the December 2026 cut off for submission of an application for determination. This highlights the importance of having a consenting strategy for developments coming forwards in Wales, particularly in the next 12-15months, which contains a regular review of which consenting regime is likely to be most appropriate for a project. We would encourage project programmes to be thoroughly reviewed to ensure that applications do not fall through the cracks by neither meeting the 14 December 2026 deadline for an application under the DNS regime, nor satisfying the pre-application consultation requirements of the IC regime.

For more information contact Cathryn Tracey ([email protected])