Infrastructure consenting process: transitional provisions

The infrastructure consenting process starts on 15 December 2025.

From that date, the new process replaces several existing consenting regimes.

The transitional provisions are included in Section 146 of the Infrastructure (Wales) Act 2024. They explain how the new process replaces existing consenting regimes.

The new process will replace consents, permissions or orders under:

• the Town and Country Planning Act 1990 (Developments of National Significance)
• the Transport and Works Act 1992
• the Electricity Act 1989
• the Highways Act 1980
• the Harbours Act 1964

The transitional provisions apply to certain permissions, consents, orders and other authorisations. These are listed in Section 20 of the Act.

For Developments of National Significance, you must submit a notification of the development before 15 December 2025. The application must be submitted within 12 months of the notification. This cannot be extended but projects may be able to convert to the new infrastructure consenting process.

For other consenting regimes:

• you must submit your application before 15 December 2025, or
• if no formal application is required, the order or scheme must be under consideration by the Welsh Ministers

To meet the transitional requirements, your application must be considered “made” before sections 19 and 20 of the Act come into force. It must also not be withdrawn.

There is no single definition of a “made application” because each existing consenting regime has its own process. Section 146 of the Act gives examples of what counts as a “made application”.

From 15 December 2025, there will be a transition period of 24 months for DNS applications to be completed. However, for applications at examination or determination stage, a longer period can be considered on a case-by-case basis, having regard to the desire to expedite infrastructure consenting as efficiently as possible in the public interest.

Further detail is included in The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025

You do not need to repeat your pre-application consultation if both of the following provisions under Regulation 32 of the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025 apply:

• You apply for infrastructure consent within 12 months of the new process starting (from 15 December 2025).
• During the 12 months before 15 December 2025 you consult and publicise the proposed application in accordance with Regulation 32 of The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025.  

If both conditions are met, your earlier consultation will count as meeting the requirements in Section 30 of the Act.

If you do not meet the criteria you may apply under Regulation 8 of the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025. This enables the Welsh Ministers to disapply some or all of the pre-application and validation requirements of the 2024 Act on a case-by-case basis. Where relevant, applicants will have to make a request to Welsh Ministers. The Welsh Ministers will consider whether the pre-application consultation remains relevant to the proposed application, including:

• Does the scheme remain substantially the same as that consulted upon?
• Does the consent sought remain substantially the same as that consulted upon?
• Has the consultation and publicity been carried out sufficiently similar to the requirements under the Act to reasonably inform interested parties? 

This power expires 15 June 2027. The Welsh Ministers will require time to consider such requests. Therefore, requests received by the Welsh Minister too close to the sunset date are unlikely to enable sufficient time for processing and determination prior and will not be considered. 

You can choose to apply under the new process, even if your project qualifies to stay in the current system.

To do this, your project must meet the criteria for significant infrastructure.