A multi-discipline consultancy’s director of planning insists that the “devil is in the detail” with regards to the level of impact the Infrastructure (Wales) Act 2024’s new Significant Infrastructure Projects (SIPs) process will have.
Equipped with a wealth of knowledge in the sector, Steve Ottewell, who joined Caulmert late last year, believes there are practical challenges to the implementation of the updated procedure.
Replacing Developments of National Significance and other existing consenting programmes, the simplified system bids to speed up the current planning method and make Wales more attractive for investors.
SIPs are major projects in energy, transport, water, and waste, which will require just a single infrastructure consent that consolidates multiple authorisations and streamlines approvals for large-scale developments both on land and offshore.
For schemes to be considered SIPs, they must be a certain size. For example, 35-50MW for solar and wind and 10-million cubic metres capacity for new construction and alterations for dams/reservoirs.
While the intention to create a modernised, one-stop shop for large developments, mirroring the Development Consent Order (DCO) process that has been in place in England since the Planning Act 2008, is a noble one, Steve remains cautious.
He said: “Advisors and clients alike must tread carefully. There is nothing wrong with the ambition of the new regime, but it does raise some questions and concerns.
“It is only when fresh methods are operational do we know the impact they will have. Does the bottleneck that is currently in one area of the procedure now just move to another step, for example.”
Optional SIPs
Welsh ministers have the power to bring projects that don’t meet the size criteria into the infrastructure consenting process.
Steve, whose arrival has coincided with Caulmert’s listing in the Royal Town Planning Institute directory, continued: “On paper, this flexibility is welcome because it enables schemes that are strategically important, but not technically captured by the definitions, to benefit from the streamlined process.
“There is, however, ambiguity around the criteria ministers will apply when exercising this. Is it purely a matter or scale, or will policy alignment and political priorities weigh more heavily?
“This lack of clarity means developers face uncertainty at the very first step regarding whether to prepare for a SIP application or proceed through local planning.
“Misjudging this route could waste months of preparation and expose projects to challenge.”
Capacity
Applications must be submitted to Planning and Environment Decision Wales (PEDW), which will process and examine these applications on behalf of Welsh ministers
As the examining authority, PEDW will appoint one or more planning inspectors to review the submission and evidence from all stakeholders. For most cases, the ministers will make the final decision.
Steve said: “If a significant volume of projects are classed as SIPs, either because thresholds are broad or because ministers exercise their discretion liberally, the burden will fall squarely on these bodies.
“PEDW already manages a heavy caseload of appeals and inquiries, and the SIP regime adds a layer of complexity and intensity.
“Examinations under the act will demand specialist expertise, rigorous environmental assessment, and careful handling of compulsory acquisition powers.
“Without additional resourcing, the promise of faster, more predictable decisions risks being undermined by bottlenecks at the examination stage.
“This is not simply a matter of administrative efficiency, as delays at PEDW could erode investor confidence in Wales’s infrastructure ambitions.”
England: Lessons learned and cross-border complexity
England’s experience with the DCO process, which was designed to simplify and accelerate approvals can also educate the Welsh system.
Steve continued: “In practice, the method has remained highly technical and resource intensive.
“Success has depended on front‑loaded preparation, with developers investing heavily in consultation and documentation before submission.
“Even then, projects have faced judicial review challenges, particularly where environmental or community concerns were not fully addressed.
“There is also scope for different thresholds, procedures, and ministerial discretion causing friction when schemes, such as energy and transport, straddle both England and Wales as they often do.”
Making the most of new opportunities
The Infrastructure (Wales) Act and SIPs is a bold attempt to modernise the country’s infrastructure planning.
Key to this is making the right choice at the outset regarding whether to pursue the SIPs route, seek optional designation, or remaining within local planning.
Steve explained: “Advisors can provide clarity here, mapping project characteristics against statutory thresholds and ministerial guidance, and framing proposals to resonate with Wales’ sustainability agenda.
“Once the route is chosen, advisors can guide clients through each stage of the process, including pre‑application consultation, submission of an Infrastructure Consenting Order, examination by PEDW, and ministerial decision.
“This step‑by‑step support reduces risk and ensures compliance with evolving regulations. For projects with a cross‑border element, advisors can coordinate between SIP and NSIP regimes, ensuring consistency and avoiding duplication.
“Working together, clients and advisors can ensure that the country’s new regime delivers not just on efficiency, but on its promise of sustainable growth and investment confidence.
“The team at Caulmert can help with any questions or queries you might have.”
Founded in 2008, Caulmert is on track to meet an ambitious growth and development plan.
Its expertise in a variety of engineering, environmental, planning, and project management disciplines is supported by its use of Building Information Modelling (BIM) to ISO 19650 standard on many of its projects.
