Significant infrastructure projects (SIP): advice on the process for accessing land

Section 125 of the Infrastructure (Wales) Act 2024 allows an applicant to access land that is affected by a development. 

An applicant may need to access land to:

• carry out surveys to understand the natural habitat and identify any protected species
• take measurements and levels
• drill bore holes and take samples to understand the nature of the subsoil and check for minerals or other matter
• carry out valuations 

An applicant may need access before submitting an application to PEDW. This may be needed to comply with the statutory procedures set out in the Environmental Impact Assessment (EIA) or the Habitats Regulations. 

During the pre-application or application stage, access is likely to be needed to:

• carry out an assessment of the likely significant environmental effects of the project and, where necessary, produce an Environmental Statement
• record the status of the natural habitat and assess whether the project may have adverse effects on any protected European sites

If an application seeks to authorise the compulsory acquisition of an interest in, land, or rights over land, the applicant may need access. This allows the applicant to carry out a valuation of the land. 

Authorisation to access land will not be granted for any activity that may lead to an offence being committed under:

• the Habitats Regulations
• the Wildlife and Countryside Act 1981 (as amended)
• legislation for the protection of specific species, for example, the Protection of Badgers Act 1992

In such cases, the applicant should consider if a licence is needed from Natural Resources Wales.

A right to access land authorisation is a written notice from the Welsh Government. It confirms that the applicant can, at any reasonable time, access the specified land for the reasons set out in the authorisation. It is an offence to wilfully obstruct a person who has this authority.

Applicants must act reasonably when seeking permission to access land and must have a genuine need to access. If an applicant believes access has been unreasonably refused, they can ask the Welsh Government to authorise a right to access land. 

Persons or organisations with an interest in land may include:

• an occupier of the land
• a person with an interest in the land as a freeholder, mortgagee or lessee
• a person who directly or indirectly receives rent for the land
• a person authorised to manage the land or arrange its letting

Seeking permission to access land

The applicant should make reasonable attempts to seek permission from the person or organisation with an interest in the land. 

Once reasonable attempts have been made, before submitting a request, applicants should: 

• inform each proposed recipient that they intend to request authorisation from the Welsh Government for a right to access the land.
• explain any conditions they plan to ask the Welsh Ministers to include with the authorisation
• give recipients a final chance to provide access directly to the applicant.

Applicants are advised to contact the Welsh Ministers at InfrastructureConsenting@gov.wales before making a request.  This allows applicants to seek get advice on procedural matters and what information and evidence the Welsh Ministers require.

When to submit a request

A request must only be submitted to the Welsh Ministers in circumstances when the applicant has acted reasonably in trying to obtain access to the land.  

How to submit a request for authorisation of a right to access land

Requests for a right to access land authorisation must be accompanied by the appropriate fee.  Requests will not be considered without payment. When a fee is paid it will not be refunded if the request is withdrawn. 

Each request should include evidence of the actions the applicant has undertaken to gain access to the land.  Evidence may include:

• copies of written correspondence
• minutes of meetings or records of telephone conversations
• copies or details of any responses received

There is no standard application form.  However, the Welsh Ministers expect the information in the annex below to be provided with each authorisation request.

How a request is processed 

The documents will be published on the Welsh Government website once the Welsh Ministers receive:

• a request that includes appropriate evidence
• the required fee

What consultation is undertaken

Welsh Government will notify each person or organisation that has received a request for authorisation. The notification will invite comments and set a deadline. The deadline must be at least 14 days from the date the notification is received.

How to respond to a consultation 

Comments that are relevant to the application to access land include: 

• state whether the information in the applicant’s request is accurate,
• set out the reasons for refusing the applicant access,
• give views on the applicant’s proposed duration of the authorisation
• give views on any proposed conditions, including any conditions the recipient wishes to be added

Can further information be requested

The Welsh Ministers may request further information from the applicant, or from any person or organisation with an interest in the land. A deadline for the response will be given.

How a decision is made

The Welsh Government will consider the information provided by the applicant and by any person or organisation with an interest in the land. It will then decide whether to authorise the applicant to access the land. If authorisation is granted, the Welsh Government will also decide whether to attach conditions.

The decision will be issued to the applicant and the proposed recipient.  It will also be published on the Welsh Government website.

How long does it take for a decision 

A decision is usually made within 3 months of receipt of the request for authorisation. Some cases may take longer. 

Effect of the authorisation 

If authorisation is granted, the applicant may access the specified land at any reasonable time for the reasons set out in the authorisation. The applicant must:

• produce evidence of their authority to access the land, if required
• state the purpose for entry before accessing
• give at least 14 days’ notice of the intended entry to any occupier of the land
• leave the land as effectively secured against trespassers as it was found
• comply with any other conditions set out in the authorisation

If damage is caused to the land or other property while the applicant is exercising a right to access under the authorisation, any person or organisation with an interest in the land may claim compensation. Claims are dealt with by the Upper Tribunal Lands Chamber.

Information requested from applicants in support of requests:

• Contact details of applicant/agent
• Description of SIP project
• Stage of project (not submitted, submitted etc)
• Detailed explanation of why access is required
• A location plan showing the extent of land to which access is required and ownership details
• Whether any of the land identifies is statutory undertaker, crown land, or unknown ownership.
• Up-to-date official copies of any relevant Land Registry documents
• Evidence of the actions undertaken by the applicant to access the land.
• Evidence
• The duration for which authorisation is sought and justification for the length of the duration.
• Any conditions subject to which the applicant thinks any authorisation should be granted