How other projects could be a significant infrastructure project (SIP)

The majority of significant infrastructure projects (SIP) projects are listed within the Act, however the Welsh Ministers can also bring other development into the consenting regime. The Welsh Ministers may also remove certain development from the regime. These decisions occur via a Direction under section 22 or section 24 of the Act.  

These directions can be made unilaterally by the Welsh Ministers or following a request to the Welsh Ministers from a developer.

The Welsh Ministers may give a direction that a development comprises a SIP if:

• the development, when completed, is wholly or partly in Wales or the Welsh marine area
• the development is, or forms part of a project that the Welsh Ministers consider to be of national significance, either by itself or when considered with one or more other projects
• the development is or forms part of a project (or proposed project) of a kind specified in regulations.

The list of projects that may be bought in are found in Schedule 1 of the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025 (the Regulations). 

The Welsh Ministers, in considering whether to issue a direction, must decide whether the development is, or forms part of a project of national significance. 

Each project will be assessed on a case-by-case basis. However, the main considerations will be:

• Whether a project is likely to require multiple consents or authorisations, and which, in consequence, would benefit from the single consenting process.
• Whether the project is related to a SIP being brought forward at the same time and therefore would benefit from the scheme being considered as a single application.
• Whether the proposed development is important to the delivery of a SIP, for example it forms part of a SIP project.
• Whether the proposal generates potential economic, environmental or other impacts that could be significant across a wide area.

When the Welsh Ministers make a direction that a project is a SIP, they are able to direct that:

• an application already made under another consenting regime is to be treated as an application for infrastructure consent, or
• a proposed application is to be treated as a proposed application for infrastructure consent.

When an application has already been made, the relevant authority (the authority to which the application has been made) must refer the application to the Welsh Ministers.

Once a project is directed as a SIP the requirements in The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025 apply.

Depending on the circumstances of each case, the Welsh Ministers may direct that requirements of the SIP regime will not apply. This applies where certain actions or processes already undertaken for the project, for example relating to publicity and notification requirements, are accepted as meeting similar requirements in the SIP process.

Section 24 of the Act allows the Welsh Ministers to direct that a development is not treated as a SIP.

A section 24 direction may only be given if the development is partly in Wales or the Welsh marine area. The power provides flexibility in order to allow cross-border projects to be assessed under the most appropriate consenting regime. 

It will be in the interests of developers, wherever possible, to submit any requests for directions under sections 22 and 24 of the Act before any significant work associated with different consenting regimes has been undertaken.

• All requests must include the details set out in Annex A below.
• Requests must be submitted to Planning.Directorate@gov.wales

Content of the statement of reasons

The statement will need to identify the specific project description under Schedule 1 of the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025 under which the proposed development would fall.

Developers should note that for some project categories in Schedule 1, the capacity or scale of projects that can be specified as SIPs is already defined.  For example, the construction of a solar generating station or wind generating station in Wales or the Welsh marine area can only be directed as a SIP under section 22 if it is expected to have an installed generating capacity of more than 35 megawatts but less than 50 megawatts.

The main part of the statement should then set out the developer’s reasons for seeking a direction.

It is also helpful for section 22 requests to include a statement on whether the developer considers any actions already undertaken for the project for the purposes of a different consenting regime (such as consultation or publicity requirements) should be considered by the Welsh Ministers, with a view to directing that these actions satisfy relevant equivalent provisions in the SIP regime. Developers should refer to regulation 8 of the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025 which.

When making a section 22 direction request, the developer is required to give notice to the relevant authority that would be responsible for determining the proposed development if the Direction is not made.

The developer is also required to give notice to any relevant consenting authority that would be responsible for determining any consents or authorisations associated with the proposed development. 

• All requests must include the details set out in Annex B below.
• Requests must be submitted to Planning.Directorate@gov.wales

A section 24 direction request can only be made if the development will (when completed) be partly in Wales or the Welsh marine area.

Content of the statement of reasons 

The request must include a statement of reasons setting out why the Welsh Ministers should give a direction specifying the proposal is not a SIP. The statement should identify the consenting process which the developer considers is more appropriate for the specific project. 

The Welsh Ministers may decide they require additional information in order to inform their decision. Requests for additional information from the developer must be made by the Welsh Ministers within 15 days. 

The Welsh Ministers’ request to the developer for further information must include:

1. details of the further information required, and
2. the date by which further information must be received by the Welsh Ministers.

When the Welsh Ministers issue a request for additional information they must decide whether or not to give the direction within 29 days of the deadline for response from the developer.

When considering requests for directions under section 22 of the Act the Welsh Ministers can also require further information from any authority which would be responsible for consenting the proposed development if it was not considered to be a SIP.

When the Welsh Ministers receive a request that includes the required information they must decide whether or not to give the direction within 29 days.

When the Welsh Ministers make a direction under sections 24, they must publish the direction and lay a statement before the Senedd Cymru to explain its purpose and effect.

Directions made under sections 22 and 24 may only be challenged by judicial review.

Information requested from applicants in support of a section 22 direction:

• Name of requestor
• Address of requestor
• Email address of requestor
• Telephone number of requestor
• Relationship to project
• Description of development, including size and where relevant, generating capacity
• Details of the relevant permissions/consents required if the project is not considered to be a SIP.
• Name and address of relevant consenting/determining authority.
• Confirmation the following information has been submitted with the request
• for proposed development in Wales, a plan drawn to an identified scale and showing the direction of north,
  • for proposed development in the Welsh marine area, co-ordinates which identify the location to which the application relates,
    • any other plans, drawings and information necessary to describe the proposed development,
    • a statement of reasons setting out why the Welsh Ministers should give a direction specifying the proposed development as a significant infrastructure project,
    • a list of any section 20 consents that would be required if the proposed development were not specified in a direction as a significant infrastructure project, and
    • a list of any other consents that could be deemed or the requirement for which could be removed by provision in an infrastructure consent order, which may be required for the proposed development.
• Confirmation the relevant consenting/determining authorities have been given notice of the section 22 request.

Information requested from applicants in support of a section 24 direction:

• Name of requestor
• Address of requestor
• Email address of requestor
• Telephone number of requestor
• Relationship to project
• Description of development, including size and where relevant, generating capacity
• Details of the relevant permissions/consents required if the project is not considered to be a SIP.
• Name and address of relevant consenting/determining authority.
• A statement of reasons setting out why the Welsh Ministers should give a direction specifying the proposed development is not a significant infrastructure project.

The following information is not required by Regulations but will assist the Welsh Ministers when considering requests for section 24 directions: 

• A plan drawn to an identified scale and showing the direction of north.
• For proposed development partly in the Welsh marine area, co-ordinates which identify the location to which the application relates.
• Any other plans, drawings and information necessary to describe the proposed development.