Consultation released - streamlining infrastructure planning

The Government has progressed its mission to streamline the infrastructure planning process in the publication of a formal consultation this month. This consultation largely solidifies and builds on the intentions set out in an earlier working paper - which set out the governments broad vision for reform of the infrastructure planning system, particularly in relation to Nationally Significant Infrastructure Projects (NSIPs), with a view to making the system swifter, more flexible, and less expensive for developers.

Read our round up and comment on the working paper: Government working paper - streamlining major infrastructure planning).

Pre-application consultation 

While the working paper contained strong hints that the statutory requirement for pre-application consultation for NSIPs would be removed, the consultation takes this a step further in confirming that this will be enacted through the Planning and Infrastructure Bill. The consultation also confirms proposals to do away with this requirement in relation to onshore wind projects, thereby bringing onshore wind into line with other types of infrastructure in order to support the Government’s clean energy goals.

The NSIPs acceptance test 

The consultation proposes a change in the wording in the acceptance test for NSIPs from “of a satisfactory standard” to “suitable to proceed to examination”. The consultation invites comments regarding the contents of guidance that will need to accompany this change (which is intended to ensure that the high quality of applications and requisite documents will be maintained following the removal of the statutory duty to consult during the pre-application stage) to ensure that it goes beyond semantics.

Initial assessments of principal issues

The consultation acknowledges that currently there is no description in legislation as to what an Initial Assessments of Principal Issues (IAPI) should contain, which has resulted in practices varying between Examining Authorities (ExAs). In order to address this, and to strengthen the role of IAPI’s in the NSIPs process, the Government is considering:

• Strengthening the definition of an IAPI so that ExAs are directed to identifying issues that are critical to the planning decision
• Requiring ExAs to submit the IAPI to the relevant Secretary of State once it has been prepared
• Requiring that ExAs clearly demonstrate how the IAPI has informed their decisions on the timetabling for the examination
• Requiring ExAs to explicitly link the IAPI to their recommendations to the Secretary of State by showing how these key issues identified were considered during the examination process. 

It's envisaged that any proposals taken forward in this regard will be dealt with in NSIP secondary legislation.

Guidance

The removal of the pre-application duty to consult does not mean that the Government is seeking to abandon engagement altogether where NSIPs are concerned.

To the contrary, the consultation proposes conferring a duty on the Secretary of State to issue guidance to support applicants in conducting effective engagement following the cessation of the pre-application duty. It's envisaged that this guidance will offer practical advice on how to meaningfully engage with affected parties, rather than setting out a rigid regime - which has hitherto resulted in a convoluted and repetitive consultation processes.

The consultation seeks views as to how prescriptive this guidance should be, as well as whether such guidance should encourage collaboration between applicants, stakeholders and statutory bodies. 
The consultation also makes proposals for new guidance to clarify the roles and responsibilities of statutory bodies and local authorities during examinations to assist them in effectively engaging with the process. Views are sought regarding the nature and contents of this guidance.

Compulsory acquisition of land 

The consultation proposes measures to afford greater discretion to ExAs when dealing with changes to land to be compulsorily acquired during an examination. The proposals include allowing the ExAs to decide whether additional procedural steps (such as hearings or consultations) are truly necessary when changes to land acquisition are proposed. The Government’s view is that this would allow for a more proportionate approach, thereby avoiding unnecessary duplication and delays within the NSIPs process.

The ‘fast-track’

The consultation acknowledges that, to date, the fast-track service for NSIPs offered by the Planning Inspectorate has had low uptake from NSIP promoters. As such, the consultation expresses a desire to re-assess this process, and explores potential reforms to the Planning Inspectorate’s services to make it more effective, including:

• Widening the applicability of the fast-track so that more projects are able to be referred into the process
• Allowing the Government to direct projects into the fast-track process (rather than relying solely on developer referrals)
• Making the process more agile in order to respond to changing needs and governmental priorities in the infrastructure space 

The consultation asks respondents to comment as to whether the fast-track process is fit for purpose in its current form, and extends an open invite for suggestions as to how the process can be strengthened to support the Government’s infrastructure goals.

Cost recovery 

The consultation also proposes expanding the list of statutory bodies which may charge promoters for their NSIPs advisory service, with such bodies to be assessed by way of key performance indicators to address value for money concerns expressed by promoters. It's hoped that this will assist in addressing resourcing issues within statutory bodies - which can have a knock-on effect in delaying large infrastructure projects. 

The consultation closes at 11.59pm on 27 October 2025, and the document can be accessed here: Consultation on streamlining infrastructure planning - GOV.UK.