The Infrastructure (Wales) Bill

• The Infrastructure (Wales) Bill seeks to streamline and consolidate planning regimes to speed up delivery and increase certainty
• It is hoped this new approach will put Wales at the forefront of delivery of on and offshore renewables, driving investor confidence and supporting the economic growth of Wales, as well as robustly improving opportunity to meet climate targets through the delivery of low carbon energy
• Much detail, including any specifics of what changes or adjustments to pre-application consultation, are yet to come through
• The expectation is that the new Bill will come into force, with phased provisions, in Summer 2025. Further details and additional guidance will emerge over coming months.

Overview

The Infrastructure (Wales) Bill is a crucial piece of legislation which seeks to replace the DNS regime with a simplified, interconnected regime to be known as the ‘Significant Infrastructure Project’ (SIP) regime.

Developers will have to apply for a new form of planning consent, ‘Infrastructure Consent’ (IC), which will be applicable for a range of developments, including energy, electricity transmission, transport, waste and water, and other infrastructure. Crucially, SIPs will form the consenting regime for both onshore and offshore developments, simplifying the planning process for innovative technologies, such as floating offshore wind and tidal lagoons.

The Bill will also create two pathways for developments to receive IC – a compulsory IC would be submitted to the Welsh Government and a decision reached by Welsh Ministers in a similar vein to the current DNS regime. Similarly, IC applications may be categorised as an optional IC, at the discretion of Welsh Ministers, which would be submitted to the LPA as a planning application under s.57 of the Town and Country Planning Act (1990).

The Bill sets out the criteria for electricity infrastructure defined as ‘significant infrastructure projects’, including:

• A generating station in Wales or the Welsh marine area, with an expected installed capacity of between 50 and 350MW;
• The extension or alteration of a generating station in Wales or the Welsh marine area, where the increase would be at least 50MW and below 350MW;
• Construction of a wind generating station with an expected installed generating capacity of at least 50MW; and
• The installation of an electric line above ground that is expected to have a nominal voltage of 132kv and is no less than 2km long.

The new SIP regime is therefore intended to speed up the timeframe from application submission to decision and delivery, but not the consultation timeframe, with has increased importance in the process. The Bill therefore places greater responsibilities on developers with the incentive that policy guidance will be clearer and planning consent from Welsh Ministers coming through quicker than at present.

What has been said so far?

On Monday 12 June 2023, Julie James MS, the Minister for Climate Change, tabled the Infrastructure (Wales) Bill[1] and Explanatory Memorandum before the Senedd.[2] The Bill serves to introduce a new consenting regime for nationally significant projects in Wales, replacing the current Developments of National Significance (DNS) framework and unifying the process for onshore and offshore developments.[3] The Bill would also, James argued, support the Welsh Government in its commitments on renewable energy targets and net zero by 2050.

The Bill has been brought forward with several key aims in mind:

• To establish a streamlined and unified process to enable developers to access a ‘one-stop-shop’ for permissions, consents, and licences as one package
• To create a transparent and consistent process to allow communities to better understand and effectively engage in decisions which affect them, and guided by policy which strikes a balance between the need for infrastructure projects to help combat climate change whilst respecting the natural environment
• Ensuring a flexible and timely consenting process capable of capturing new and developing technologies as well as further consenting powers which may be devolved in the future.

The new unified consenting process will reflect the full range of projects for which the Welsh Government has responsibility, including onshore and offshore energy generating stations, certain overhead electric lines associated with a generating station, works to highways and railways, and wastewater treatment plants.

Specifically, the Bill makes provisions for:

• the thresholds when a development is considered to be a significant infrastructure project;
• ensuring publicity and engagement with local communities and local planning authorities;
• the processes and procedures for determining applications (including authorising the compulsory acquisition of land);
• breaches of infrastructure consent and how these can be enforced against; and
• how and when fees are charged.

Following the publication of her written statement, the following day the Minister for Climate Change addressed the Senedd on the proposed Infrastructure (Wales) Bill.[4] The legislation would, James stated, implement an ‘efficient and effective consenting regime’ which would be ‘vital to the timely delivery of important infrastructure projects in Wales that make a positive contribution towards our social, economic, and environmental prosperity and net zero ambitions.’

As well as obvious benefits of investment and jobs, it is clear from the Minister’s statement that Welsh Government sees the Infrastructure Bill as a way to revitalise community engagement for large-scale infrastructure projects. During her contribution Julie James noted how the proposed SIP regime would ‘offer our communities the opportunity to engage in an open and transparent consenting process to help shape developments which affect them.’ It is therefore evident that the Welsh Government will continue to place a premium on considered consultation and stakeholder engagement in the development process.

It is important to understand that the Welsh Government does not see this Bill in isolation, and in fact its’ importance to a variety of policy areas and the wider legislative agenda is becoming increasingly clear. In addition to refining and (hopefully) improving the consenting process for large scale infrastructure projects, ensuring these come forward in a ‘robust but timely manner’, it is evident that the government sees this legislation as a crucial mechanism for driving inward investment and economic growth, or ‘building a stronger greener economy’ in the Minister’s words.

The Minister used her statement to highlight that the Bill will clearly set out the types and size of development projects identified as SIPs to be captured by the new consenting process as means of ensuring an appropriate balance between consenting at the national and local level.

Beyond the operational technicalities of the Bill, the unwavering commitment to substantial and consistent stakeholder engagement and communication with local communities shines through as a central pillar of the fledgling legislation. During her contribution this week the Minister for Climate Change reiterated that consultation under the new regime should be ‘significant’ and ‘meaningful’. There is little surprise in this commitment, given the prominence afforded to consultation and engagement in the Planning (Wales) Act. Indeed, this clarion call from the Welsh Government only serves to increase the importance of appropriate and genuine consultation moving forward. Projects which fail to achieve ‘meaningful’ engagement under the new regime will almost certainly run the risk of increased scrutiny of their proposals.

Reaction

The political reaction from the Senedd opposition groups was for the Infrastructure (Wales) Bill was, largely, welcoming. The Welsh Conservatives, whose response was led by their Shadow Minister for Climate Change, Janet Finch-Saunders MS, agreed with the underlying principle of developing a more integrated and streamlined approach to infrastructure consenting, comparing what is proposed to the UK Government’s DCO. The Conservative response also sought to focus on the role of consultation and engagement under the new SIP regime, and how this could be user friendly so that ordinary citizens can fully engage with the process.

Responding on behalf of Plaid Cymru, Mabon ap Gwynfor MS, welcomed the Minister’s statement and the steps being taken to ‘simplify the process for giving consent to develop infrastructure of national importance.’ In addition to highlighting how environmental considerations will sit within the new consenting process, Plaid’s spokesperson for Agriculture, Rural Affairs, Housing, Planning and Local Government also sought to scrutinise how the legislation would empower local communities and ensure that their voice is heard.

The Leader of the Welsh Liberal Democrats, Jane Dodds MS, welcomed the Bill during her response and expressed a hope that large schemes would be scrutinised and managed effectively to hold applicants and developers to the highest possible standards. Continuing the theme, the Regional Member for Mid & West Wales went on to highlight the belief among some communities that large developers ignored local communities, extracted resources, caused years of disruption and then departed, leaving communities to ‘feel quite voiceless and powerless’. Dodds went on to ask the Minister how the legislation would help local communities to have their voice heard and also make the process transparent.

Though the Bill was broadly welcomed by opposition parties it is abundantly clear that community engagement, and ensuring the voices of residents are heard by developers and those granting consent alike, will be a central issue for members of all political colours as the draft legislation passes through the various stages of consideration in the Senedd.

Want to know more? Get in touch with a Thirty4/7 Communications team member, or email [email protected] to request an in depth review of the Infrastructure (Wales) Bill.

[1] Welsh Government, Julie James MS, Written Statement: Introduction of the Infrastructure (Wales) Bill, 12 June 2023, https://www.gov.wales/written-statement-introduction-infrastructure-wales-bill

[2] Welsh Government, Infrastructure (Wales) Bill: Explanatory Memorandum, June 2023, https://senedd.wales/media/zhxnxhxq/pri-ld15880-em-e.pdf

[3] Welsh Government, Infrastructure (Wales) Bill, https://media.licdn.com/dms/document/media/D4E1FAQHUuYKWNgnjUw/feedshare-document-pdf-analyzed/0/1686642756635?e=1687392000&v=beta&t=ciz8DX6j2GA8D7GryjiE9sRswtlINgMNI4IpTsM-zbg

[4] Senedd.tv, Statement by the Minister for Climate Change: The Infrastructure (Wales) Bill, 02:00:53 – 02:06:43, https://www.senedd.tv/Meeting/Archive/058a2c59-6e6e-4dbe-840a-7b5811543276?autostart=True