Sian Gwenllian MS, Cabinet Minister for Local Government, Housing and Planning
Members of the Senedd will wish to be aware I have given consent to the UK Government’s Secretary of State to make regulations that apply to Wales.
The Transport and Works Act 1992 (TWA) provides a consenting system for infrastructure schemes, including rail and tramway development, inland waterway schemes and harbour infrastructure.
Simon Lightwood MP, Minister for Buses and Local Transport, Department for Transport has written to me regarding the proposed Transport and Works (Applications, Objections, Listed Buildings, Inquiries and Decisions Procedure) (England and Wales) Regulations 2026 (the 2026 Regulations).
In accordance with Article 5(1) of and Schedule 2 to The National Assembly for Wales Transfer of Function Order 1999 (TFO) the UK Government can only make regulations or rules that apply to Wales with the agreement of the Welsh Ministers.
The 2026 regulations make the following amendments:
- Statutory decision deadline: Introduce a requirement for decisions on TWA applications to be issued within three months.
- Listed building and conservation area consent: Applications for listed building consent in England and Wales and conservation area consent in Wales will no longer require a separate application to be determined by the Welsh Ministers. Instead, the Welsh Ministers may direct that the applicable consent is deemed to be granted when making a TWA Order. Applicants will need to provide a copy of the application to the relevant local planning authority and reference this application in the notice of the application
- Deemed marine licences: An application for a marine licence in England or Wales under Part 4 of the Marine and Coastal Access Act 2009 will no longer require a separate application to Natural Resources Wales. Instead, the relevant decision-maker may direct that the marine licence is deemed to be granted when making a TWA Order. Applicants will be required to consult Natural Resources Wales at pre-application stage on the proposed marine licence provisions, and submit a draft marine licence with the application documentation
- Written representations process: Where applications will be considered through written representations rather than a public inquiry apply a shortened timescales for the process.
- Re-determination following a successful legal challenge: Where a TWA decision is successfully challenged, introduce a process requiring the Welsh Ministers to issue a Statement of Matters on any matter requiring further consideration of the application, including matters arising from the Court judgment, and to provide relevant parties with an opportunity to make written representations before the application is re-determined.
The TFO transferred certain functions to Welsh Ministers under the TWA. However, Welsh Ministers cannot make equivalent provision to that contained in the 2026 Regulations on a Wales-only basis. Consenting to the 2026 Regulations is the most effective means of legislating to achieve the policy objectives. The amendments form part of the wider England and Wales legislative framework governing TWA orders and will improve the operation of the consenting regime in Wales. I am satisfied that consenting to the 2026 Regulations is consistent with the Welsh Government’s Principles on UK Legislation in Devolved Areas.
I consider the amendments proposed benefit the TWA consenting system and align to our Programme for Government. The Regulations do not impact on the legislative competence of the Senedd, and consent has been granted in accordance with Article 5(1) of and Schedule 2 of the TFO. The Regulations are subject to the negative procedure and were laid before the UK Parliament on 30 October 2026.
Further detail on the provenance, purpose and effect of the amendments is set out in The Transport and Works (Applications, Objections, Listed Buildings, Inquiries and Decisions Procedure) (England and Wales) (Amendment) Regulations 2026 and the accompanying Explanatory Memorandum.