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How to consult people and publicise your plans before applying for an Infrastructure Consenting Order.

First published:
16 January 2026
Last updated:

Introduction

Before applying for an Infrastructure Consenting Order (ICO) applicants must undertake pre-application consultation. This step gives people in the community and local organisations a chance to see what is being proposed and to share their views. 

Pre-application documents

The applicant must provide an address where documents can be viewed in person in the locality of the development site. 

Website publication

Within 3 months of receiving the notice of acceptance, the following details of the proposed development must be published on a website and be available until the application is submitted:  

  • Draft application form
  • Non-technical description of the proposed development
  • Notice of acceptance given by the Welsh Ministers
  • Draft Infrastructure Consenting Order (ICO) in English and Welsh
  • Draft Explanatory Memorandum in English and Welsh – This should justify the need for the project and include reference to the relevant statutory powers and regulations under which the application is made. It should include a detailed account of each power or provision being requested in the draft ICO, with reasons for their inclusion. Where revoked or deemed consents are included, it should clearly identify where in the ICO the requirements are located.
  • Draft details of the community benefits
  • A plan drawn to an identified scale showing the location of the project and showing the direction of north. For development in the Welsh Marine Area, co-ordinates which identify the location of the project.
  • Drafts of all documents, plans, drawings and information needed to describe the development including non-technical summaries
  • Details of any consultation events held or planned
  • Details of any updates, timescales and changes to the proposal since publication on the website, if any
  • Draft Environmental Statement (if applicable) including a non-technical summaries
  • Address where documents can be viewed
  • Contact details for the applicant
    • postal address
    • email address
    • telephone number

Who should be notified of the pre-application consultation

The Applicant must write to a range of individuals and organisations about the proposed application: 

Additionally, those who could be impacted and may have a claim, along with any other individuals, groups, or societies deemed appropriate, should receive notice.

The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025

If the development is located within the Welsh Marine Area

  • Any PA the applicant considers appropriate.
  • All relevant statutory and specialist consultees
  • Any community council the applicant considers appropriate.
  • Members of the Senedd the applicant consider appropriate
  • Members of the House of Commons the applicant considers appropriate
  • Natural Resources Wales
  • Any other person or group considered appropriate

PEDW recommends that those consultees for areas on land facing the marine part of the development should be consulted.

The full list of consultees (special, statutory and recommended) is provided separately.

Site and Press Notice Requirements

A site notice must be displayed for at least 42 days in one or more locations on or near the application site.

For developments involving a linear route exceeding 5 km, site notices must be placed at intervals of no more than 5 km along the route, from start to end, unless this is impractical.

If the notice is removed or damaged before the 42 days are up, the applicant is still compliant if they took reasonable steps to protect it and replace it when needed.

Applicants must publish a notice in a local newspaper for at least 7 days.

For developments located within the Welsh Marine Area, the notice must be published in at least one fishing journal (if one is in circulation in the area) and Lloyd’s List. 

Notices must contain:

  • The name, postal address, email address and telephone number of the applicant
  • The location of the proposed development
  • A summary of the main proposals
  • State if the application includes a request for compulsory acquisition of land
  • Dates, times, and locations of any pre-application consultation events
  • Website address where information is published
  • Physical address where documents can be viewed
  • Date by which responses must be received (this must be at least 42 days from the day after the notice is issued)

Notices must be published in English and Welsh. 

Public engagement event

The applicant must hold at least one public engagement event in the local area for local people to attend to view and learn more about the proposals. 

More guidance on best practice for public engagement is being prepared and will be published when available.

Applications with an Environmental Statement (ES)

When applicable, applicants must publish the draft ES on the website to enable consultees like Natural Resources Wales (NRW), to review and comment on it.

Applicants should allow sufficient time to consider and address any comments received on the draft ES, which may include undertaking further surveys or proposing additional mitigation measures. If, following consultation, it becomes apparent that the ES requires amendments, re-consultation with the relevant statutory and specialist consultees should be undertaken on the amended draft. 

This should resolve issues at an early stage, to limit complications during the examination process.

For this reason, the applicant may request to extend the notification period by 56 days in these circumstances. 

Any adjustments or changes to the ES as a result of the consultation should be recorded in the PAC report.

Applications proposing Compulsory Acquisition of land

Where an application may include compulsory acquisition, the applicant must give written notice of their proposed application to anyone they reasonably believe has a legal interest in the affected land. 

Affected land interests in this case would be:

  • an owner, lessee, tenant or occupier of the land, or
  • a person who has an interest in the land, or has the power to sell, convey or release the land. 

The applicant is required to undertake all reasonable efforts to find out who has an interest in the land related to the proposed compulsory acquisition.

Responses to pre-application consultation

The applicant will set a time period when they invite responses.  The minimum period is 42 days. A statutory consultee must provide a substantive response which: 

  • states they have no comments to make on the proposal with reasons
  • states no objection and refers to current standing advice
  • advises they have concerns about the proposal and how they might be addressed
  • advises they have concerns and would object to an application made in similar terms with their reasons.

The applicant will summarise all responses in a pre-application consultation (PAC) report to be submitted with their application. It should include:

  • A summary of the consultation process, including who was consulted and how.
  • A summary of the feedback received from consultees.
  • Details of how the feedback has been considered and addressed in the application.
  • Any changes made to the proposal as a result of the consultation.