| Please note that the Planning and Infrastructure Bill is still in draft form and subject to change. |
The Planning and Infrastructure Bill introduces significant changes to the framework governing nationally significant infrastructure projects (NSIPs). Aimed at streamlining the consenting process, reducing delays, and enhancing certainty for developers, these reforms are crucial for delivering large-scale infrastructure projects that support economic growth, energy security, and net-zero commitments.
In this article we consider what constitutes a nationally significant infrastructure project, and highlight the key reforms in the bill that will affect these projects.
NSIPs are major infrastructure projects deemed essential to national interests. They include transport networks, energy facilities, water supply systems, and waste management sites. Currently, the Planning Act 2008 states developers must obtain a development consent order (DCO) through a complex application and examination process, which can take several years. While intended to provide a single, streamlined process, the system has been criticised for excessive delays and inconsistent decision-making.
A key objective of the Planning and Infrastructure Bill is to deliver a faster and more certain consenting process for critical infrastructure projects.
To address these issues, the bill introduces a streamlined consultation process and stricter timelines for the processing of NSIP applications. This includes amending the requirements of the content of consultation reports as well as the acceptance criteria to enable the planning inspectorate to expedite decision making. The bill removes the requirement to consult ‘Category 3’ persons, these being people who ‘might be entitled to make a claim if the DCO is approved and implemented’.
The explanatory memorandum states that the current statutory consultation requirements are too wide reaching and disproportionate which had resulted in risk-adverse development proposals and lengthy consultation processes. The bill aims to allow inspectors to take a more proportionate approach to determining applications.
National policy statements provide policy guidance on how NSIP applications are to be prepared and determined. Currently, there is no statutory requirement on the production of these statements and as such some national policy statements, for example waste water, haven't been updated since they were designated over 10 years ago. The bill will mandate national policy statements to be updated every five years to reflect the government’s initiatives and to ensure projects can be assessed against up-to-date planning guidance.
In response to recent recommendations from Lord Banner KC, the Planning and Infrastructure Bill implements measures to remove the paper permission stage for the judicial review of NSIPs. This aims to reduce the number of attempts a claimant has to challenge the project from three attempts to one. The hope here is to reduce any frivolous or unsubstantiated legal challenges that may delay projects.
The bill also permits new powers for the secretary of state to intervene and disapply the requirement for development consent in stalled or delayed applications. The effect of this will mean that the Town and Country Planning Act 1990 regime could be used as an alternative consenting route.
To complement the overarching reforms to the NSIP regime, the Planning and Infrastructure Bill includes measures to streamline planning processes for transport projects as consented under the Highways Act 1980. For example, the bill aims to streamline approval of street works needed for installing EV charging points in an aim to expedite transport NSIPs that incentivise the transition to zero emission vehicles.
Although NSIPs are determined at a national level, the Planning and Infrastructure Bill acknowledges the importance of local authority input and community engagement. While NSIPs are determined at the national level, local authorities play a key role in shaping project impacts on communities and the environment.
The bill aims to mandate early engagement with local authorities in the pre-application stage in order to identify and resolve planning concerns sooner. In addition, the bill introduces clearer funding mechanisms that allow local authorities to recover costs associated with NSIP participation.
These changes could create a more collaborative approach to infrastructure planning while maintaining national oversight.
Scrutiny vs. speed – faster approvals may reduce time for public consultation and environmental assessment.
Local authority capacity – increased involvement in NSIPs may stretch already limited council resources.
Judicial review risks – a more accelerated process could lead to legal challenges if projects are seen as inadequately assessed.
For more information please contact our planning and infrastructure consenting team.
This article is part of our series analysing the Planning and Infrastructure Bill, which marks a major reform aimed at tackling the UK's housing shortage whilst accelerating infrastructure delivery.
Our articles explore how the key changes will affect various operations across the planning sector and highlight important actions and requirements for authorities, developers and stakeholders.
Read our series on the Planning and Infrastructure Bill
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