MS, Cabinet Minister for
Local Government, Housing and Planning: Members of the Senedd
will wish to be aware I have given consent to the UK Government's
Secretary of State to make regulations that apply to Wales.
The Transport and Works Act 1992 (TWA) provides a consenting
system for infrastructure schemes, including rail and tramway
development, inland waterway schemes and harbour
infrastructure.
MP, Minister for Buses and
Local Transport, Department for Transport has written to me
regarding the proposed Transport and Works (Applications,
Objections, Listed Buildings, Inquiries and Decisions Procedure)
(England and Wales) Regulations 2026 (the 2026
Regulations).
In accordance with Article 5(1) of and Schedule 2 to The National
Assembly for Wales Transfer of Function Order 1999 (TFO) the UK
Government can only make regulations or rules that apply to Wales
with the agreement of the Welsh Ministers.
The 2026 regulations make the following amendments:
-
Statutory decision deadline: Introduce a
requirement for decisions on TWA applications to be issued
within three months.
-
Listed building and conservation area consent:
Applications for listed building consent in England and Wales
and conservation area consent in Wales will no longer require a
separate application to be determined by the Welsh Ministers.
Instead, the Welsh Ministers may direct that the applicable
consent is deemed to be granted when making a TWA Order.
Applicants will need to provide a copy of the application to
the relevant local planning authority and reference this
application in the notice of the application
-
Deemed marine licences: An application for a
marine licence in England or Wales under Part 4 of the Marine
and Coastal Access Act 2009 will no longer require a separate
application to Natural Resources Wales. Instead, the relevant
decision-maker may direct that the marine licence is deemed to
be granted when making a TWA Order. Applicants will be required
to consult Natural Resources Wales at pre-application stage on
the proposed marine licence provisions, and submit a draft
marine licence with the application documentation
-
Written representations process: Where
applications will be considered through written representations
rather than a public inquiry apply a shortened timescales for
the process.
-
Re-determination following a successful legal
challenge: Where a TWA decision is successfully
challenged, introduce a process requiring the Welsh Ministers
to issue a Statement of Matters on any matter requiring further
consideration of the application, including matters arising
from the Court judgment, and to provide relevant parties with
an opportunity to make written representations before the
application is re-determined.
The TFO transferred certain functions to Welsh Ministers under
the TWA. However, Welsh Ministers cannot make equivalent
provision to that contained in the 2026 Regulations on a
Wales-only basis. Consenting to the 2026 Regulations is the most
effective means of legislating to achieve the policy objectives.
The amendments form part of the wider England and Wales
legislative framework governing TWA orders and will improve the
operation of the consenting regime in Wales. I am satisfied that
consenting to the 2026 Regulations is consistent with the Welsh
Government's Principles on UK Legislation in Devolved Areas.
I consider the amendments proposed benefit the TWA consenting
system and align to our Programme for Government. The
Regulations do not impact on the legislative competence of the
Senedd, and consent has been granted in accordance with Article
5(1) of and Schedule 2 of the TFO. The Regulations are
subject to the negative procedure and were laid before the UK
Parliament on 30 October 2026.
Further detail on the provenance, purpose and effect of the
amendments is set out in The Transport and Works
(Applications, Objections, Listed Buildings, Inquiries and
Decisions Procedure) (England and Wales) (Amendment) Regulations
2026 and the accompanying Explanatory Memorandum.
