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Wales Order starts unified infrastructure consent 15 Dec 2025

Wales’ new single consent for major infrastructure is now live. A UK Order made under section 150 of the Government of Wales Act 2006 stitches nuclear, hazardous substances and tax rules into the Infrastructure (Wales) Act 2024 so projects face one joined‑up process. The Order takes effect from 16 December 2025 (coming into force the day after it was made on 15 December).

What’s changed is precise. First, the Order updates section 3(8)(a) of the Nuclear Installations Act 1965 so an Infrastructure (Wales) Act consent for a site sits alongside development consent in UK law. Second, it corrects cross‑references in section 12 of the Planning (Hazardous Substances) Act 1990 and creates a formal step to consult the Health and Safety Executive (HSE) before a ministerial direction grants deemed consent. Third, it updates section 130 of the Finance Act 2013 so ‘infrastructure consent’ is recognised in tax rules on converting dwellings to non‑residential use.

For nuclear‑adjacent proposals, the tweak to section 3 means the Office for Nuclear Regulation’s ‘public body notification’ power in section 3(4) does not apply where an Infrastructure (Wales) Act order has already been made for the site, reducing duplication while leaving safety licensing intact. Operators still need ONR licences and environmental permits from Natural Resources Wales.

On hazardous substances, the Order locks in HSE’s role when ministers use the government authorisation route to deem consent under section 12 of the 1990 Act. HSE already advises on hazardous substances consents and on development around major hazard sites using risk zones; the new cross‑reference ensures that expertise is hard‑wired into Wales’ unified process.

This sits on top of the Infrastructure (Wales) Act 2024, which replaces multiple regimes with one streamlined route for significant projects-renewable energy, transport, water and waste-on land and in the Welsh marine area. The new process began in mid‑December 2025, with Welsh Ministers as decision‑makers and detailed procedures set by supporting regulations.

Transitional rules made by Welsh Ministers came into force on 14–15 December to switch systems smoothly, while guidance and training for authorities and applicants are being rolled out. The Welsh Government has been explicit about its ambition to be the fastest in the UK for infrastructure decisions, backed by new examination and pre‑application procedures.

Capacity remains the pressure point. RTPI Cymru’s State of the Profession 2025 reports that spending on planning in Welsh local authorities fell by 34.3% in real terms since 2010 and that major applications took an average 275 days to determine in 2024/25. Many public‑sector teams report frequent capacity shortfalls. These figures underline why clarity and early, joined‑up engagement matter.

For project teams, the practical takeaway is simple: start early with regulators. Build pre‑application programmes that include HSE on hazardous thresholds, ONR where nuclear licensing could be relevant, and Natural Resources Wales on environmental permitting. Use Planning and Environment Decisions Wales for route checks and front‑load evidence so examination time is used for testing, not basic fixes.

Communities should see a clearer path to influence. Welsh Ministers have committed to guidance on how the public can get involved, and the single consent replaces overlapping consultations with one structured process-important for trust as Wales scales clean power, water resilience and waste modernisation.

There is also a tidy‑up in tax law. By adding ‘infrastructure consent’ to Finance Act 2013 section 130, the Order makes clear a building only stops counting as a dwelling for Annual Tax on Enveloped Dwellings once any required planning permission, development consent or the new infrastructure consent is in place. That helps avoid grey areas during conversions linked to major projects.

The next test is delivery. With the legal plumbing now aligned-nuclear licensing, HSE consultation and transitional rules-Wales has the framework to decide big energy and waste schemes at pace without trimming safety or scrutiny. The first wave of applications will show whether promised timelines and engagement gains are realised.

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