The consenting regime for large scale infrastructure projects in Wales is currently undergoing a period of significant change. In this article, we briefly recap some of the key changes from 2024 and explore what practitioners should expect in 2025.

Accelerating infrastructure planning decisions

On the 28 November 2024 the Welsh Government announced that Planning and Environment Decisions Wales (PEDW) will assume new decision-making responsibilities some renewable energy projects. 

The changes in decision-making responsibilities took effect on the 6 January 2025 and it enables Inspectors at PEDW (as an appointed person) to determine applications related to the construction, alteration, or extension of electricity-generating stations where the installed generating capacity, or the increase in installed generating capacity, is anticipated to be below 50 megawatts.

This change removes 12 weeks from the decision-making timeline for these projects and continues the moves to address the delays in determining DNS applications. 

Infrastructure (Wales) Act 2024

The Infrastructure (Wales) Act 2024 (IWA 2024) came into force in June 2024, setting in motion a new consenting process for significant infrastructure projects in Wales. 

The output is a Infrastructure Consent (IC) which will provide a one-stop-shop for obtaining consents, licences and other requirements in a single consent, similar to a Development Consent Order (DCO). These changes aim to further streamline the process for consenting significant infrastructure projects in Wales.

As we move into 2025, it will be important for all those involved in large-scale energy and infrastructure projects to closely monitor developments related to the IWA 2024. This is particularly as the IWA 2024 remains a framework Act and so the finer details of the regime will only be known once relevant regulations have been published.

The end of 2024 saw the close of the consultation on the detail needed for implementing the IWA 2024. We understand that it is unlikely that the proposed Regulations will be subject to consultation but that there will be a reasonable period of time between them being published and coming into force. 

It will be important to be aware of the transitional provisions required during the changeover period, a challenge complicated by the fact that the IWA 2024 will replace a number of regimes. 

Therefore, those involved in significant infrastructure projects should keep a close eye on further details as they emerge in 2025, as these will be critical to implementing the regime, including understanding what work will need to be undertaken by projects to be able to transition to the new regime should they need or wish to.

Historic Environment (Wales) Act 2023

The Historic Environment (Wales) Act 2023 (HEWA) and its supporting secondary legislation came into full effect on 4 November 2024.

With its full commencement, the previous legislative framework for the management and protection of the Welsh historic environment – found principally in the Historic Buildings and Ancient Monuments Act 1953, Ancient Monuments and Archaeological Areas Act 1979, the Planning (Listed Buildings and Conservation Areas) Act 1990 and Historic Environment (Wales) Act 2016 – has been consolidated under one unified act.

Planning (Wales) Act

A new Planning (Wales) Act is proposed to consolidate planning-related primary legislation, creating a more streamlined and coherent framework for planning in Wales.

The effect will be to replace a wide range of existing planning-related primary legislation, including the entire Town and Country Planning Act 1990, Parts 3, 4 and 5 of the Planning and Compulsory Purchase Act 2004 and Part 11 of the Planning Act 2008 (relating to the Community Infrastructure Levy). It will also replace all of the Acts which amend or are applied by the Town and Country Planning Act, insofar as they apply to Wales. 

It aims to create a new comprehensive code of law relating to planning in Wales ensuring that future changes to planning laws are incorporated under a unified Act. There is an ongoing secondary legislation programme aimed at further refining and supporting the primary legislation in this aim.

It is important to note though that this consolidation does not cover all aspects of planning. For instance, the IWA 2024 will remain separate. 

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 any of the matters in this article, please do not hesitate to contact Cathryn Tracey or Maelor James in our Planning & Compulsory Purchase team.