Planning matters

The infrastructure consenting process will take effect on 15 December 2025 (subject to transitionary arrangements), introducing a new consenting framework for nationally significant infrastructure projects (SIP) in Wales, replacing a number of existing consenting regimes including DNS. While the legislation aims to streamline the consenting of complex projects, its treatment of Battery Energy Storage Systems (BESS) raises important questions about proportionality, efficiency, and Wales’ ability to deliver the flexible energy infrastructure required to achieve its climate ambitions.

Under the Act, BESS schemes between 50MW and 350MW will fall within the new Infrastructure Consent regime, determined by Welsh Ministers and requiring an Infrastructure Consent Order. Smaller and larger schemes will remain with the Local Planning Authority (LPA) under the existing Town and Country Planning Act (TCPA) process. This banded approach has created an unexpected anomaly, with implications for both developers and decision-makers.

Unlike the NSIP framework in England and the DNS regime in Wales (that is to be replaced) - the Infrastructure Act does not carve out BESS from national-level consenting. Welsh Government has confirmed that BESS is captured as a “generating station” under Section 2 of the Act.

 

This results in the following consenting structure:

 

It is unclear if the above consenting structure is intentional or whether it is a drafting anomaly that does not reflect wider policy intent.

 

Placing 50–350MW BESS projects into a national consenting framework will likely introduce longer determination times, higher preparation costs, and increased pressure on PEDW and Welsh Minister’s consenting capacity.

 

Given that many BESS schemes fall within this capacity range, the shift could influence the number and pace of applications coming forward. Wales may find itself at a competitive disadvantage compared with England, where all BESS—regardless of scale—are determined by LPAs. It may be that developers will choose to apply for schemes greater than 350MW in order to bypass the SIP process.

 

With Senedd Cymru elections scheduled for May 2026, the window for legislative amendment before commencement is extremely narrow, even if the administration were minded to revise the approach.

 

The consenting of BESS projects differs across the UK:

Such divergence risks creating uncertainty for developers operating across borders and may undermine wider public understanding of how these projects are assessed.

 

 

Battery storage plays a central role in achieving a low-carbon, resilient electricity system. By storing electricity when renewable generation is plentiful and releasing it during periods of high demand, BESS provides:

National Grid has described BESS as “essential to speeding up the replacement of fossil fuels with renewable energy”. Any consenting approach that delays deployment risks limiting Wales’ ability to transition to net zero by 2035[1].

 

 

BESS is critical infrastructure necessary in the move to net zero, but its impacts differ significantly from large-scale renewable generation such as wind or solar. BESS projects do not normally require associated consents or CPO powers which the Infrastructure Consent process is geared up to provide and, in some cases, do not require EIA. While issues such as fire safety have been raised in certain contexts, these matters are well-established within the TCPA process and are routinely managed through appropriate assessment and conditions. For example, in October 2024 Cardiff Council granted permission for a 1GW BESS project in Splott[2].

 

Given recent efforts by both UK and Welsh Governments to simplify consenting for energy storage, its re-inclusion in a national regime represents a notable policy shift. This appears misaligned with established planning policy.

 

 

Wales’ national planning framework strongly supports the deployment of energy storage:

These statements underline the strategic importance of BESS—yet the Infrastructure Act may introduce barriers that could slow delivery.

 

Part 5 of The Act notes that decisions by Welsh Ministers can have regard to infrastructure policy statements and in our view that could give more certainty to developers pursuing BESS applications via SIP. However, we understand that Welsh Government are unlikely to bring forward such infrastructure policy statements and will rely on Future Wales for the time being, potentially undermining the benefit of the national consenting regime.

The Wales Infrastructure Act offers an opportunity to modernise and streamline the consenting of major infrastructure and for complex projects it will probably be successful in doing so. However, the inclusion of BESS schemes between 50MW and 350MW within the new Infrastructure Consent regime raises concerns about proportionality and deliverability. Whilst there are clear merits to the new regime for more complex projects,  a more balanced approach—mirroring recent steps taken in England—may better support Welsh Government’s own policy objectives around flexibility, resilience, and decarbonisation. As the Act moves towards implementation, clarification or refinement of BESS thresholds could help ensure that Wales remains an attractive and efficient location for the deployment of this essential technology.