Nationally significant infrastructure projects
Major infrastructure projects relating to energy, transport, water and waste are classed as ‘nationally significant infrastructure projects’ (NSIPs). Under the Planning Act 2008, they require ‘development consent’ from the relevant Secretary of State.
The NSIP regime applies primarily to major infrastructure projects in England and to a limited extent in Wales.
The threshold above which major infrastructure projects are considered NSIPs is set out in part 3 of the Planning Act 2008. For example, onshore generating stations are classed as NSIPs if they have a capacity over 50 megawatts.
Since 2013, business and commercial projects can also opt-in to the NSIP regime if the Secretary of State decides they are of ‘national significance’.
Development consent orders
Applications for development consent are made to the Planning Inspectorate, which is an executive agency of the Department for Levelling Up, Housing and Communities (DLUHC). It will carry out an examination of the application on behalf of the Secretary of State.
A list of all past and current projects that have been decided under the NSIP regime can be found on the Planning Inspectorate’s register of applications.
The final decision whether to issue a development consent order (DCO) rests with the relevant Secretary of State, for example, the Transport Secretary for transport projects. A DCO automatically removes the need to obtain several consents that would otherwise be required for development, such as planning permission. A DCO can also authorise the compulsory purchase of land (that is, the purchase of land without the consent of the landowner) for an NSIP.
Can affected and interested parties get involved?
Before a developer can submit an application for a DCO, they must carry out extensive consultation (including with the local community) as part of a pre-application process.
Members of the public (including MPs) can also register as ‘interested parties’ to participate in the examination process. Those with an interest in the land affected by a DCO are automatically considered to be interested parties.
National policy statements
The Planning Inspectorate will examine, and the Secretary of State will decide, applications for DCOs in line with national policy statements. National policy statements set out the government’s objectives for NSIPs relating to energy, transport, water and waste.
The government updated national policy statements for energy infrastructure in January 2024 and the national policy statement for transport projects, such highways and railways, as in May 2024. It also consulted on an update to the national policy statement for nuclear power stations in 2024.
Requirements to designate national policy statements
Before national policy statements can be formally adopted by the government and take effect (that is, before they can be ‘designated’), they must comply with certain consultation and parliamentary scrutiny requirements. This also includes scrutiny by a select committee or a specially appointed committee.
The government must lay a draft national policy statement before Parliament. The national policy statement can then be approved either after a period of 21 days has passed or if the House of Commons votes to approve the statement within the 21 days. The government is not required to schedule a debate on a draft national policy statement, however.
Reforms to the NSIP regime
In an operational review of the NSIP regime, the government highlighted that the time for a decision to be made on an NSIP has increased from 2.6 years in 2012 to 4.2 years in 2021. The government published an action plan (February 2023), setting out how it intended to speed up the consenting process.
The government subsequently made a number of changes to the NSIP regime, including the following:
- The Planning Inspectorate will offer an enhanced pre-application service to resolve issues before proposed projects reach the examination stage.
- Since April 2024, planning inspectors can set shorter notification periods to speed up the examination process. Previously, inspectors had to give interested parties at least 21 days’ notice.
- The Planning Inspectorate will offer a fast-track consent route for NSIPs that meet a ‘quality standard’. The examination process will last around four (instead of six) months under the fast-track consent route.
In spring 2024, the government said the enhanced pre-application service would be available to “any project which requests it” from autumn 2024 and the fast-track consent route would be available to “projects which meet a quality standard” from autumn 2024.
Reaction to the reforms
Organisations representing developers of major infrastructure projects, such as the Nuclear Industry Association and Solar Energy UK, welcomed the reforms to speed up the consenting process. The government’s advisory body, the National Infrastructure Commission, also welcomed the reforms.
However, the National Infrastructure Commission argued that delays were in part the result of outdated national policy statements. It said the government should introduce a legal requirement to update national policy statements at least every five years. In response, the government said it would not introduce a formal legislative requirement “at this stage.
A group representing the interests of local communities affected by transport NSIPs expressed concern, however, that the reforms could affect their ability to get involved in the consenting process (PDF). Wildlife and Countryside Link, an environmental group, also expressed concern that the reforms could result in environmental impacts not being fully considered (PDF).