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Understanding the new planning system in Wales

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What’s changing?

The planning system in Wales is changing – this is the system in which big infrastructure projects like onshore wind parks work through in order to gain planning permission to build the infrastructure.

It’s a longer, larger and more complicated version of the system in which a homeowner would need to go through in order to gain planning permission to build an extension on their home.

  • The old system was called: Developments of National Significance (DNS)
  • The new planning system is called: Infrastructure Consents Regime (ICR)

If, at the end of the process, a project is given the go ahead, it gets an Infrastructure Consent Order.

Why was the system changed?

The change to a new planning system comes as a result of the Welsh Government’s Infrastructure (Wales) Act 2024. Click here to find out more about the Act.

Under the previous system (called the Developments of National Significance), developers like ourselves at Bute Energy often had to apply for planning permission through one process and then seek additional approvals through separate processes.

For example – 

A developer would apply for planning permission for its energy project

Then would have to go through a similar process to apply for to alter a Public Right of Way or modify a listed building

This could create delays, duplication and complexity – impacting how quickly we can achieve our mission of moving to a cleaner, greener energy system.

According to Welsh Government – the aim of the change is to build a process that is more streamlined. And for renewable energy in particular – it aims to provide a clearer route from early project development through to construction.

Is this only relevant to onshore wind and renewable energy?

No – the new planning system (the Infrastructure Consent Regime) is relevant to any projects that are deemed “major infrastructure”, including transport and water infrastructure.

For onshore wind energy projects, the new system is only relevant to new onshore wind energy parks with a generating capacity of 50MW or more.

The official term for projects which fall into the category of “major infrastructure” is:

Significant Infrastructure Projects.

What does this mean for onshore wind projects?

If an onshore wind project meets the relevant thresholds set out in the legislation to be classed as a ‘Significant Infrastructure Project’, then it will need to follow this new Infrastructure Consent Regime.

For example: Our Lan Fawr Energy Park would be classed as a Significant Infrastructure Project because it’s being designed to have a generating capacity of over 50MW of renewable energy (up to 368MW in fact!).

 

Developers like ourselves need to consider which projects need to align to this new planning system, and how the work programme needs to change as a result.

Does this mean that all of Bute Energy’s projects need to move and adapt to this new planning system?

Many of our current and future projects may be considered under the new Infrastructure Consent Regime as Significant Infrastructure Projects. But it won’t be all of our projects – because some of our projects were submitted into the Developments of National Significance process before the Infrastructure Consents Regime went live (on 14 December 2025). The Welsh Government has agreed that Developments of National Significance projects which had already started could carry on under the old regime – as long as they submitted their applications before 14 December 2026.

Our current DNS projects that are moving to the new Infrastructure Consent Regime include:

  • Waun Hesgog Energy Park
  • Lan Fawr Energy Park
  • Garreg Fawr Energy Park
  • Bryn Gilwern Energy Park
  • Esgair Galed Energy Park

Any future projects of over 50MW will also need to go through the new regime. Any future projects of less than 50MW would need to seek planning permission from the Local Planning Authority.

What are the main differences in the new planning system (the Infrastructure Consent Regime)?

  • Big infrastructure projects are no longer called Developments of National Significance 
  • Planning permission is now granted via an “Infrastructure Consent Order” 
  • A project which needs to follow this new planning system is called a “Significant Infrastructure Project”. 
  • An Infrastructure Consent Order may incorporate a range of additional consents and powers into a single decision. 

For example: 

  • An energy developer will likely now seek approval of its infrastructure consent order for its energy project and, at the same time, seek other consents such as altering a Public Rights of Way and modifying a listed building, as part of the same application. 

What stays the same?

Although the legal framework is changing, some important principles remain:

  • Communities will continue to have opportunities to review proposals and provide feedback throughout the process.
  • Developers like ourselves are still expected to carry out extensive consultation before submitting an application for an Infrastructure Consent Order.
  • Applications will still need to include detailed reports on the potential environmental impacts and benefits of a project
  • Planning and Environment Decisions Wales (PEDW) will continue to play a key role in examining applications on behalf of Welsh Ministers.
  • Welsh Ministers will continue to make the final decision on whether a project receives consent.

Is the change in planning system a good thing for energy developers?

It will require energy developers to review and adapt their work programmes for some projects – which may cause an initial delay to progress as we figure things out. We welcome changes which enable us to support energy security and economic growth in Wales – through a clearer and more efficient consenting system.

How will local communities be involved?

Community engagement remains a fundamental part of the process.

As a developer, we must consult local communities, landowners and other stakeholders before submitting a planning application. Once an application has been submitted, members of the public can review the proposals and provide comments during the examination process. We are required to submit a report on all consultation undertaken and the comments received to PEDW with our application.

The new system is intended to make it easier for people to understand how and when they can have their say on proposed infrastructure projects.

Glossary of terms

Development of National Significance (DNS)

The previous planning system used in Wales for certain large-scale developments, including major renewable energy projects. Under DNS, applications were submitted to Welsh Ministers and examined by an independent planning Inspector chosen by Planning and Environment Decisions Wales (PEDW). This system is being replaced by the Infrastructure Consents Regime.

Infrastructure (Wales) Act 2024

The legislation that created Wales’ new Infrastructure Consents Regime. The Act introduces a single framework for “consenting” (i.e. granting planning permission for) Significant Infrastructure Projects in Wales, including large energy projects such as onshore wind parks like ours at Bute Energy.

Significant Infrastructure Project (SIP)

A project that meets specific thresholds set out in the Infrastructure (Wales) Act 2024. SIPs include certain large-scale energy, transport, water, wastewater and waste developments. Large onshore wind energy parks can fall within this category – if they are designed to produce more than 50MW of energy.

Infrastructure Consent Regime

The new planning system for Significant Infrastructure Projects in Wales.

Infrastructure Consent Order (ICO)

The legal document issued when a Significant Infrastructure Project is granted planning permission. An ICO sets out exactly what has been approved and any requirements that must be met before, during or after construction. It may also incorporate other permissions and powers needed to deliver a project.

Planning and Environment Decisions Wales (PEDW)

The organisation that manages and examines Significant Infrastructure Project applications on behalf of Welsh Ministers. PEDW appoints independent Planning Inspectors to review evidence and consider representations from communities and stakeholders.

Welsh Ministers

The decision-makers responsible for determining whether Significant Infrastructure Projects should receive Infrastructure Consent. They consider recommendations made by Planning Inspectors following examination of an application.

Planning Inspector

An independent specialist appointed by PEDW to examine an application, review evidence and consider comments received from local communities, organisations and statutory consultees. The Inspector makes a recommendation to Welsh Ministers on whether an application should be approved or refused.

Statutory Consultation – sometimes referred to as a “pre-application consultation”

A consultation required by law before an application is submitted. It gives communities, local authorities, landowners and other interested parties an opportunity to review proposals and provide feedback. It is a requirement of the Regime that all developers submit a report to PEDW on the pre-application consultation undertaken and the comments received.

Relevant Planning Authority

The local planning authority covering the area in which a project is proposed. Although Welsh Ministers make the final decision on a Significant Infrastructure Project, local planning authorities continue to play an important role by providing evidence and specialist local knowledge during the examination process.

Compulsory Acquisition

A legal process that allows land or rights over land to be acquired for a project where specific legal tests are met. Powers for compulsory acquisition can be included within an Infrastructure Consent Order where justified.

Stakeholders

Individuals, organisations or groups with an interest in a project. This can include local residents, landowners, community councils, businesses, environmental groups, statutory bodies and local authorities.

Requirements

Conditions attached to an Infrastructure Consent Order. These are similar to planning conditions and set out actions or measures that must be completed before, during or after construction.

Want to know more?

We understand that the renewable energy industry and the planning system can be tricky to understand – we’ve created a simple jargon buster to help you read and digest information we share about our work.

Click here