Working with public bodies on Significant Infrastructure Projects (SIP)

Applicants need to engage with public bodies throughout the consenting process for significant infrastructure projects (SIPs). 

Effective engagement supports high-quality development. It helps applicants get expert advice and information quickly on: 

• environmental issues
• transport issues
• safety issues
• heritage issues

This supports timely and robust decision-making. 

The guidance is based on good practice for engaging with public bodies. It has also been shaped by input from public bodies. 

A public body is a formally established organisation. It is publicly funded to deliver a public or government service. 

Most relevant public bodies act as statutory consultees in the infrastructure consenting process. Some also have powers to grant other consents that may be needed to build or operate a SIP. 

Public bodies have an important role providing expert advice throughout the process. This includes: 

• early pre-application engagement
• providing examination evidence 
• post-consent activities

Public bodies can help applicants identify and reduce the impacts of SIPs at an early stage. 

There are separate pages to support this general advice. These pages provide more detail about the specific roles of public bodies in the process. They include: 

• relevant contact points
• any specific arrangements that need to be made
• what information should be provided to engage effectively with the body. 

Specific advice is available for:

• Natural Resources Wales
• Planning authorities
• Welsh Government Land Quality Advice Service (LQAS)
• Welsh Government Common Land Team
• CADW, Heneb and the Royal Commission on the Ancient and Historical Monuments of Wales (RCAHMW)
• Health and Safety Executive
• Office for Nuclear Regulation

The list is not exhaustive. Applicants may need to engage with other public bodies not listed here.

Applicants are responsible for engaging with relevant public bodies. They must secure the input needed to prepare a high-quality infrastructure consent application. 

Advice from public bodies on proposed SIP applications may be subject to full cost recovery by the relevant body. Applicants should discuss any relevant fees for public bodies’ participation at the start of the process..

Input from public bodies is important at the following stages of the SIP process: 

Pre-application stage

Early engagement with relevant public bodies is crucial when preparing a good quality application. 

At the pre-application stage, the applicant should engage directly with public bodies, utilising both statutory and non-statutory (discretionary) advice services where available. Public bodies can help applicants:

• follow the correct procedures
• Identify constraints and opportunities
• Confirm survey and assessment requirements
• prepare the documents needed to submit an application for infrastructure consent

The applicant must formally consult statutory or specialist consultees at this stage.

Applicants should continue to engage with public bodies beyond the formal consultation requirements where necessary. This is particularly important where public bodies raise issues in their responses which need to be resolved. 

Planning and Environment Decisions Wales (PEDW) will also consult public bodies where an applicant submits a request for an EIA Scoping Direction. 

EIA scoping responses will be sent directly to PEDW and included in their EIA Scoping Direction. However, applicants may engage directly with a public body where they need further information from them. 

Submission and application acceptance stage

After an applicant submits an application to PEDW, PEDW will decide whether to accept (validate) it for determination.

If the application is accepted, there will be further engagement with public bodies on the submitted application documents. PEDW will usually lead this engagement. 

Public bodies should not raise new issues at this stage unless they have substantive reasons for doing so. If they do so, they will be required to give reasons why these issues were not raised during the pre-application stage. 

Where issues remain unresolved from pre-application discussions, applicants should continue discussions directly with the relevant public bodies. 

Examination stage

Public bodies must engage in the examination of an application for infrastructure consent. 

They should provide appropriate information and responses to help the examining authority carry out the examination. 

The level of engagement at this stage will depend on the matters which remain unresolved and may be undertaken by means of written representations, hearing or local inquiry.

Decision and post-decision stage

After infrastructure consent is granted, public bodies, particularly planning authorities and NRW, may still have a role. They may act as: 

• a discharging authority for Infrastructure Consent Order requirements 
• a consultee where an application is made to discharge a requirement