Mark Worcester, director of planning at Turley, discusses whether or not the reforms to planning and consent go far enough
The Government recently published the Planning Reform Working Paper for consultation as part of its long-term commitment to ‘get Britain building again’.
The purpose of the paper is to outline the key measures the government could take to streamline the development of critical infrastructure across England. It sets out proposals to reform the consenting process for Nationally Significant Infrastructure Projects (NSIPs) and primarily looks at the potential legislative changes that can be made to the Planning Act 2008.
While the proposals are certainly welcome, as they are intended to deliver a ‘faster, more certain and less costly’ consenting regime for the delivery of NSIPs, they lack the bold ambitions truly needed to deliver the new and improved consenting regime that the Government aspires to.
Without bolder reforms and adequate funding to support the delivery of this critical infrastructure, it will prove increasingly difficult for the Government to achieve its overarching aim of sustained economic growth across the UK.
The story so far
NSIPs are large-scale infrastructure projects which are regarded as being of national importance. They comprise everything from roads and railway lines to power stations and offshore wind farms.
To ensure their successful delivery, a dedicated and streamlined planning process which aims to balance the needs of communities with the urgency of developing vital national infrastructure quickly and efficiently is required.
In recent years, there has been a significant regression in how fast these projects can be delivered. In 2021, the average decision time for an NSIP was 4.6 years, compared to just 2.1 years in 2012.
As a result, the Government published an action plan in 2023, setting out how it intended to speed up the consenting process.
While organisations representing developers of major infrastructure projects, such as Solar Energy UK and the Nuclear Industry Association, welcomed these reforms to speed up delivery, the National Infrastructure Commission argued that delays were, in part, the result of outdated National Policy Statements.
The body argued that a legal requirement to update National Policy Statements at least every five years should be introduced. In response, the government at the time said it would not introduce a formal requirement at that stage.
Under the current government, however, proposals to improve the consenting process focus on evolution, not revolution, an approach which aligns more closely with the views of the National Infrastructure Commission in 2023.
These latest reforms enable more regular and faster updates to national policy statements, make consultation less burdensome, support the delivery of infrastructure post-consent, and allow appropriate flexibility in the process to support project delivery.
So, how does the government intend to implement these proposed changes?
Changes to National Policy Statements (NPS)
There are twelve designated National Policy Statements in total, each of which sets out government policy on different types of national infrastructure development. They provide key guidance for planners and are the basis for making decisions on Development Consent Order (DCO) applications for NSIPs.
In line with this, the government proposes to introduce some key amendments to how NPS are dealt with within the Planning Act 2008. These amendments will require that NPS documents are updated at least every five years, many of which have not been updated since as far back as 2011.
The suggested amended legislation will allow ‘reflective changes’ to ensure that NPS documents are aligned with legislation, policy, and relevant case law. This is certainly an encouraging proposal, as less parliamentary scrutiny will now allow for updates to be achieved within a year.
Streamlining consultation requirements
Simplifying the consenting process for the delivery of critical national infrastructure has long been a part of the Labour Government’s central goals, which were originally announced in the King’s Speech in July 2024.
As part of the proposed reforms to the consenting process, the government wishes to make the requirements relating to stakeholder consultation less burdensome on applicants whilst protecting the interests of third parties at the same time.
At present, requirements for stakeholder consultation are seen as being overly complex, with disproportionate levels of engagement being required, a situation compounded by some applicants ‘gold-plating’ their approach to de-risk the application acceptance stage as far as possible.
The revised requirements would allow consultation reports to present thematic summaries of the feedback received and how the scheme has evolved. Currently, consultation reports provide an assessment of each individual consultation response and can extend to hundreds of pages as a result, thereby significantly slowing down the overall process.
Other proposed changes relate to the requirements for application acceptance with a move towards outcome-based judgements. The extent to which consultation has been effective will be a key part of determining whether an application should be accepted for examination, although further clarification on this aspect will be required.
There will also be a renewed call to all parties for collaboration during the pre-application stage and to narrow down areas of disagreement prior to application submission. It’s hoped that this collaborative approach will nip any potential issues in the bud from the offset.
Supporting delivery
To further support the delivery of NSIPs, the Government intends to publish clearer guidance relating to Section 150 of the Planning Act, which enables applicants to secure all the necessary consents and licenses to construct an NSIP as part of the DCO.
The policy paper indicates that this method is rarely utilised by applicants at present, so the ability to grant licenses where the specific conditions of legislation can be met will also be explored.
In addition, the changes will explore the potential for draft DCOs to be issued alongside the Secretary of State’s decision notice which allows a two-week window for corrections to be made prior to the finalisation of the DCO.
Finally, the Government is also considering removing the legislative distinction between ‘material’ and ‘non-material’ amendments post-consent, which will eliminate the need for discussion of the correct consenting route and speed up the process overall.
Alternative consenting regimes
At present, the Planning Act requires that certain categories of projects defined above thresholds must be consented to by the DCO. The Secretary of State may additionally direct that a project below the relevant threshold be designated as an NSIP, and many projects have proactively pursued this.
However, there are currently no provisions for a project which would be an NSIP to be consented to by an alternative consenting regime, even when its impacts would be limited and uncontroversial. This anomaly has resulted in some projects (mainly solar) being deliberately undersized to avoid the additional cost and timescale burden of the DCO process.
As a result of this, the Government proposes to introduce new powers to allow the Secretary of State to determine if a project may be better suited to an alternative consenting regime.
The need for additional funding
Aside from the proposed changes to NSIPs within the policy paper, substantial additional funding to support their delivery will be vital. The latest report from the Institution of Civil Engineers (ICE) indicates that significant increases in infrastructure are necessary following years of under-investment.
The Government must clarify its approach to infrastructure investment strategy, especially at a local level. Funding for local authorities participating in the decision-making process for large-scale infrastructure projects is crucial, as this ensures local communities’ concerns are met whilst also ensuring projects are delivered in a timely manner.
Final thoughts – bigger and bolder reform is needed
While they are by no means a silver bullet, the proposed changes are certainly an encouraging step in the right direction.
The policy paper represents the latest expression of Government thinking on proposed reforms to the NSIP consenting regime and follows the introduction of the ‘fast-track’ process as well as the wider recommendations of the National Infrastructure Commission.
The proposed changes to lessen the burden around pre-application consultation, to make the acceptance process outcome-based, and the potential for some projects to be diverted to an alternative regime all have significant merit.
However, when viewed in the context of the Government’s stated aspiration to determine 150 DCO applications by the end of Parliament and the scale of infrastructure investment required over the medium-long term, the proposed reforms represent further tinkering around the edges and are unlikely to move the dial.
Ultimately, the changes won’t, on their own or in combination with those already proposed, deliver the ‘faster, more certain and less costly’ consenting regime.
Looking ahead, the Government intends that the proposed changes will be taken forward through the Planning and Infrastructure Bill and has invited responses to a number of specific questions to help guide their thinking in this area.
However, it is only through bigger and bolder reforms (potentially including a new consenting regime for some categories of project) and substantial additional funding that the government will achieve its long-term aims relating to the delivery of the critical infrastructure that the country needs.
