Planning Inspectorate
Introducing a new pre-application service
In 2020, the National Infrastructure Strategy established a government ambition to accelerate and improve the decision-making process for major infrastructure projects, including those considered under The Planning Act 2008 (PA2008). This ambition was reinforced in 2022 within the British Energy Security Strategy which committed to establishing a process allowing some Nationally Significant Infrastructure Projects (NSIPs) to be capable of receiving a decision within 12 months.
Following an operational review of the PA2008 process beginning in 2021, the Department for Levelling Up, Housing and Communities (DLUHC) published an Action Plan setting out proposed reforms that would be implemented to ensure the PA2008 process can support the countrys future infrastructure needs. Between July and September 2023, DLUHC consulted on the details of the operational reforms and governments response to the consultation was published on 6 March 2024.
The Planning Inspectorate has responded to the government brief by developing a new pre-application service which is set out in this, the 2024 Pre-application Prospectus. The key areas of operational reform supported within the Inspectorates new service are:
- The introduction of three pre-application tier options reflecting different levels of service that applicants may receive from the Inspectorate ahead of submitting an application.
- The introduction of pre-application fees associated with the service under each pre-application tier, discharging governments policy ambition for the Inspectorate to achieve full cost recovery for the services it provides.
- The introduction of a Fast Track procedure which will allow some applications, that are able to satisfy a new Quality Standard, to potentially receive a decision within 12 months from the point that the application is accepted for examination.
Updated government guidance has been published which provides the framework for our new pre-application service, including the Fast Track procedure. Governments 2024 National Infrastructure Planning Guidance Portal.
What does success look like and what does it depend upon?
The Inspectorate is confident that through these reforms our service will be substantially improved, providing applicants with better focused and more helpful advice, enhanced certainty of timescales and improved project outcomes. Through a collaborative effort involving statutory bodies, local authorities, and other stakeholders, the new pre-application service is expected to result in consistently smoother and potentially faster post-submission stages.
We note that the success of our service reforms has interdependencies with the progression of other government policy initiatives, including for example the update and ongoing maintenance of National Policy Statements. The success of our service, and the achievement of governments policy objectives, also has interdependencies with service reforms at other government bodies which have an advisory role in the PA2008 process. These interdependencies will be taken into account as the performance of the new service is monitored by the Inspectorate and wider government.
The 2024 Pre-application Prospectus supersedes the Pre-application Prospectus for Applicants published in 2014, which is being withdrawn and should not be relied upon by projects entering the PA2008 system from May 2024. Further information about transitional arrangements.
The Inspectorate considers that the services set out in the 2024 Pre-application Prospectus are relevant to, and will add value for, all users of the PA2008 process. However, the prospectus establishes a service within the pre-application stage which is necessarily led, and paid for, by applicants. On this basis, the prospectus describes services which are predominantly framed around the interests and needs of applicants in relation to the submission of well-prepared applications.
Paragraph: 001 Reference ID: 1-001-20240516
Revision date: 16 05 2024
The pre-application stage an overview
The main features of the pre-application stage in the PA2008 process are explained in government guidance. Governments 2024 National Infrastructure Planning Guidance about the pre-application process. Additional details are provided within our Advice Pages which are also being updated to reflect and support the new service. As a frontloaded process, activities within the pre-application stage are of critical importance in preparing applications that, if accepted, are capable of receiving a decision within statutory timeframes and, where consent is granted, being delivered to meet the national need.
For applicants, in general terms the activities at the pre-application stage include:
- Establishing early relationships with stakeholders affected by the project, including statutory bodies, local authorities, persons with an interest in the land affected by the project and the local community;
- establishing the tier of support requested from the Inspectorate and preparing and maintaining a pre-application Programme Document;
- developing relationships and, where relevant, agreeing requested levels of service with affected statutory bodies and local authorities, in accordance with the pre-application Programme Document, and progressing to resolution, where achievable, relevant issues raised by those bodies;
- developing relationships with other stakeholders, including the local community, and progressing to resolution, where achievable, relevant issues raised by those stakeholders;
- for relevant projects, seeking advice from the Inspectorate on the projects suitability for a Fast Track procedure, and meeting associated requirements at the pre-application stage;
- developing the design of the project to reflect the good design criteria in the relevant National Policy Statement(s);
- giving required notifications to the Inspectorate;
- undertaking mandatory pre-application consultation and publicity;
- preparing and undertaking necessary project assessments, if required, such as Environmental Impact Assessment (EIA) and Habitats Regulations Assessment (HRA);
- beginning the work necessary for obtaining other non-planning consents or licenses such as species licences or environmental permits;
- preparing the application documents including the draft Development Consent Order (DCO); and
- logistical preparations for post-submission stages including the identification of potential Preliminary Meeting and hearing venues etc.
What does this mean for other people and organisations?
For other individuals and organisations affected by proposals under the PA2008, the pre-application stage represents the main opportunity to engage with the applicant to shape the proposal. After an application has been accepted for examination, there is limited scope for the substance of the proposals to change. This means that comprehensive stakeholder engagement at the pre-application stage is critical in order that their views may influence the final form of the submitted application. Further information in relation to engagement at the pre-application stage is provided in our Advice Pages.
Paragraph: 002 Reference ID: 1-002-20240516
Revision date: 16 05 2024
Section 51 advice and how it may change
Although the pre-application stage is led by the applicant, the Inspectorate can advise applicants and others with a view to ensuring an application is better prepared for post-submission stages, including the examination. This advice is issued under section 51 of the PA2008. Any section 51 advice that we issue is without prejudice to the acceptance decision under section 55 of the PA2008 and any future decision taken by the relevant Secretary of State about whether development consent should be granted. The relevant Secretary of State is the Secretary of State for the type of development under consideration, for example for highway-related NSIP development the Secretary of State for Transport is the decision-maker for applications.
We can provide advice to applicants on procedural matters and also provide an impartial view on questions relating to potential examination issues and the readiness of an application to proceed beyond the pre-application stage. Drawing on o