Significant infrastructure projects (SIP): overview

The Infrastructure (Wales) Act 2024 (“the Act”) sets out the process to consent major infrastructure projects in the fields of energy, transport, water, wastewater and waste.

These projects are known as significant infrastructure projects (SIPs). Examples of these projects include:

• large scale wind, solar and other energy generating stations
• overhead electric lines
• major highway schemes
• liquid natural gas facilities
• hazardous waste facilities
• railways or a rail freight interchanges.

For these projects to be considered a SIP, they must be a certain size as set out in Part 1 of the Act. However, the Welsh Ministers also have the power to bring other projects into this infrastructure consenting process.

SIPs will require infrastructure consent from the Welsh Ministers, rather than planning permission from the relevant planning authority. 

Where the Welsh Minister propose to grant consent for a SIP, this will be through an Infrastructure Consent Order (“ICO”). 

An ICO may incorporate other consents and licences such as authorisation for the compulsory acquisition of land. The ICO will specify the details of the development consented and any requirements (similar to planning conditions) that must be met in implementing the consent.

Applications must be submitted to Planning and Environment Decision Wales (PEDW). PEDW process and examine these applications on behalf of Welsh Ministers and are known as the Examining Authority. 

On receipt of a valid SIP application, PEDW will appoint one or more Planning Inspectors to examine the application and evidence from all stakeholders. 

For most cases the Welsh Ministers will make the final decision based on a report from the Inspector which makes conclusions and recommends whether infrastructure consent should be granted or not. 

Community involvement

As part of the consenting process, PEDW recognise that local people might not frequently engage with proposed projects which are likely to affect them. Our accessible guide to engaging with the process explains how and when people can get involved.

Relevant planning authorities

Any planning authority where part of the site falls within its area is a ‘relevant planning authority’ for the SIP application. There may be more than one relevant planning authority per application. Whilst they do not have responsibility for determining SIP applications, each relevant planning authority must prepare a Local Impact Report (LIR) to help the Examining Authority understand the impacts of the development on the local area.

Natural Resources Wales

Where proposed development is wholly or partially in the Welsh marine area, Natural Resources Wales must prepare a Marine Impact Report (MIR) to help the Examining Authority understand the impacts of the development on the marine environment. They are also a consultee on cases on land which have potential environmental effects including landscape, ecology and flooding. 

Stage 1: pre-application

The following actions are optional (at the developer’s discretion):

• Inception Meetings between the Applicant and PEDW to discuss the process.
• pre-application engagement with PEDW, planning authorities and / or Natural Resources Wales.
• Environmental Impact Assessment (EIA) considerations: Screening and / or Scoping (where applicable).
• Developer submits notification of intention to submit an application for an SIP and acceptance of notification by PEDW (within 14 days).
• Statutory pre-application consultation undertaken by the developer for a minimum of 42 days.
• Developer prepares Pre-Application Consultation (PAC) Report to be submitted with the application.

The following stages are legal requirements:

Stage 2: submission and application acceptance checking

• Developer submits application with supporting documents within 18 months of their pre-application notification being accepted.
• PEDW carries validation checks, aiming to complete them within 4 weeks for applications without an Environmental Statement (ES) or 6 weeks for applications with an ES.

Stage 3: examination

• If the application is valid PEDW appoints one or more Inspectors and publicises and consults for a minimum of 5 weeks (‘the representations period’).
• Relevant planning authorities prepare a LIR and Natural Resources Wales prepare a MIR (where relevant) and submit it by the set deadline.
• The developer may seek variations to their application during the examination period.
• The Examining Authority has 28 days to determine the procedure for the Examination. Written representations, hearing or inquiry, or a combination of all three.
• Any further information is requested by the inspector, and any topic specific or open floor hearings are held.
• The appointed Inspector considers all the evidence and writes a report to recommending whether infrastructure consent should be granted or refused, which is submitted to the Welsh Minister for consideration and decision.

Stage 4: decision

• The SIP application is determined by Welsh Ministers and a decision issued.
• The decision will be published and sent to the applicant, key parties and any person who has asked to be notified of the decision