From DNS to ICO: what’s changed for infrastructure planning in Wales?

The Act replaces the Developments of National Significance (DNS) system with a single Infrastructure Consent Order (ICO), creating a one‑stop shop for major energy, water, waste and transport projects, and supporting Wales’ drive toward net zero by 2050.

So, what does this mean in practice for developers and the wider industry? That is exactly the question we set out to explore at our inaugural Cardiff Breakfast Club, which also marked two years since the opening of our Cardiff office. Over coffee and croissants, we brought together attendees from across the planning and infrastructure space in Wales to unpack the new regime and consider how best to navigate it.

We were pleased to be joined by Leticia Mandra, senior associate from Burges Salmon LLP, who provided a legal perspective on the practical implications of the Act for the industry, as well as our very own Greg Phillimore, director at Camargue, who set out Camargue’s reflections on the impacts of the legislation.

There was clear recognition in the room that the new regime offers Wales a genuine chance to become an attractive place for infrastructure investment. The new regime is significantly more front-loaded, with much tighter timelines. For instance, once Planning and Environment Decisions Wales (PEDW) accept notification of an application, the clock starts ticking on a series of statutory activities - within just three months, consultation documents must be available online.

Greg highlighted that speed, both for the examining authorities and developers, is an opportunity. With the volume of documentation typically required for infrastructure applications, there’s hope that the new process could further shift the emphasis from quantity to quality. But speed only works if the system can support it.

Questions were raised about resourcing, particularly whether PEDW and associated bodies like Natural Resources Wales (NRW) are adequately equipped to handle the new regime. The emphasis on fee collection under the Act may help address this, but it remains to be seen. Concerns were also raised about open hearings, a decision for PEDW, and there was some unease about the lack of clarity on how that discretion will be exercised.

More than anything, the Breakfast Club revealed a sense of shared purpose. There was broad agreement on both the opportunities and the challenges ahead. As we await formal guidance from the Welsh Government, there is a real opportunity for the planning and infrastructure community to come together with a unified voice, and there is scope to engage constructively with ministers and officials to help shape how the regime evolves in practice. At Camargue, we believe the new National Policy Statement will be key to that - helping ensure projects are delivered with Wales, rather than to Wales.