The future of infrastructure in Wales: Insights on the new ICO regime

The future of infrastructure in Wales is being reshaped by the introduction of the Infrastructure (Wales) Act, which heralds a groundbreaking shift in how major projects are planned and consented. This new framework, featuring the Infrastructure Consenting Order (ICO) regime, aims to streamline processes, enhance clarity, and improve investment in Wales' infrastructure landscape. 

At the recent NIPA in Wales Event - Delivering the Infrastructure (Wales) Act, practitioners, developers and advisors came together to examine what the new Infrastructure Consenting Order (ICO) regime means in practice. The discussion revealed optimism about the direction of travel, but also clear warnings: success will rely on policy clarity, resourcing, political leadership and industry behaviour, not legislation alone.

At Dalcour Maclaren, we work across some of the most complex nationally significant infrastructure schemes in the UK, and this significant change for Wales brings key opportunities.

A new strategic direction for Welsh infrastructure

The Act replaces a fragmented patchwork of existing consenting regimes and introduces a single, unified system intended to speed up delivery and improve certainty for developers and communities alike. The ambition is clear:

• simplify the process
• create a true one-stop shop for consents
• improve Wales’s competitiveness
• move towards a system that enables faster delivery, “spades in the ground”, not just better paperwork

Crucially, the focus is not simply on improving the consenting journey. The intent is to empower delivery and provide a clearer pathway for investment.

A stronger and more coordinated consent process

The panel identified the combined consenting powers as one of the biggest advantages of the new regime. Under the Infrastructure Consenting Order, developers can secure:

• multiple consents under a single order
• compulsory acquisition and ancillary powers
• reduced risk of delays after consent is issued

The strengthened pre‑application framework was also welcomed. Clearer statutory consultation requirements should reduce uncertainty, allowing developers to design more robust schemes and giving communities confidence in the process.

Importantly, the new system builds on elements familiar to practitioners who have worked with Development Consent Orders (DCOs) and Developments of National Significance (DNS), helping smooth the transition and reduce risk for early adopters.

Policy vacuum threatens delivery

While the legislative framework is broadly welcomed, the panel agreed that Wales enters this new system with a critical gap: policy clarity.

Without a national policy statement equivalent to the Energy National Policy Statement EN‑1, developers face uncertainty about what types of development are acceptable and how decisions will be made. This affects early design, site selection, environmental assessment and programme development.

In the absence of a clear policy, applicants must invest more time in developing their own needs case and justification. For an Act designed to accelerate progress, this gap represents a real practical barrier.

Resourcing, leadership and learning curves

The discussion also highlighted the following systemic risks:

• resourcing constraints across local planning authorities, statutory consultees and Welsh Government teams
• a learning curve for all parties involved in delivering the first wave of applications
• the potential for consultation to become overly procedural rather than meaningfully engaging
• post‑consent delivery challenges, including delays in discharging conditions and risks to grid connection deadlines

Again, the message was clear: consent is only the midpoint of the journey. Without planning for delivery from the very start, the aims of the Act may not be realised.

Sector-specific implications

The panel explored how the new regime will affect different sectors:

• Grid and energy infrastructure are now recognised in the Act, but the absence of supportive policy creates uncertainty.
• Battery storage projects sit in a grey area, with uncertainty around whether specific schemes fall inside or outside the regime.
• Marine development faces misalignment between terrestrial and marine policy frameworks, creating additional complexity.

These issues underscore that legislation alone cannot deliver clarity, and any policy must catch up fast.

Political and governance factors

Political leadership was identified as one of the most important determinants of whether the Act succeeds. With upcoming Senedd elections and shifting public priorities, the direction of future policy will be shaped by political appetite for major infrastructure.

Collaboration also came through strongly. Working groups, shared learning and transparency between government, developers and advisors will be essential as the first applications move forward and begin to test the boundaries of the new system.

What this means for planning practitioners

For consultants supporting projects in Wales, the Act represents an opportunity, but it also demands a new mindset. The panel suggested:

• Front‑loading your needs case and ensuring robust policy justification from day one
• Seeking flexibility in drafting to accommodate uncertainties in emerging guidance
• Focusing on post‑consent strategy early, including condition discharge and grid alignment
• Going beyond statutory minimum consultation, ensuring early, meaningful engagement
• Allowing for extended programmes due to capacity constraints and learning‑curve effects

This mirrors the Dalcour Maclaren approach: proactive engagement, practical problem‑solving and early risk management.

The DM view: a strong foundation, but success depends on delivery

The Infrastructure (Wales) Act is a bold and positive step towards a more efficient and effective consenting landscape. It aligns Wales with modern infrastructure planning systems and puts in place a framework capable of accelerating nationally important projects.

However, the conversation made one thing clear - policy, people and politics all determine the success of the new regime.

Dalcour Maclaren will continue to support clients navigating these changes, helping shape robust applications that deliver real outcomes on the ground. We will continue to champion meaningful engagement, practical delivery planning and an approach that puts communities and project outcomes at the heart of every scheme.