Planning Inspectorate
The government has published guidance about national infrastructure planning which members of the public may also find helpful. See the National Infrastructure Planning Guidance Portal. The guidance should be read alongside the Planning Act 2008 (the Planning Act).
This advice is non-statutory. However, the Planning Inspectorates advice about running the infrastructure planning system and matters of process is drawn from good practice and applicants and others should follow our recommendations. It is intended to complement the legislation, regulations and guidance issued by government and is produced under section 51 of the Planning Act.
What are Nationally Significant Infrastructure Projects?
NSIPs are large scale major development projects in England or Wales which fall into the following categories:
- energy
- transport
- waste
- waste water
- water
They can be projects such as:
- power generating stations, offshore wind farms, electricity lines
- new roads, railway lines, airports
- hazardous waste facilities
- waste-water treatment plants
- reservoirs
The primary legislation which applies to NSIPs is called the Planning Act 2008. When these types of development meet the threshold described in the Planning Act they need a Development Consent Order (DCO) before they can be built. As this type of development is nationally important, consent for a project needs to be given by the government rather than the local planning authority.
A DCO is a legal document which allows the applicant to build their proposed development. It is similar to a planning permission but can also include other types of consent, including listed building consent and compulsory acquisition powers. In Wales a DCO is only needed for certain energy generating projects, pipelines, underground gas storage facilities, overhead electricity lines and harbour facilities. The Secretary of State may also allow some types of major business and commercial projects, or some other types of projects, to apply for a DCO instead of a planning permission. The Secretary of State will only do this if they consider the project is nationally important. See paragraphs 002 and 003 of the governments guidance on the Pre-application stage for more information about what schemes can apply for a DCO.
NSIP applications are handled by the Planning Inspectorate on behalf of the Secretary of State. The Examining Authority (appointed by the Planning Inspectorate on behalf of the Secretary of State) will make a recommendation to the Secretary of State responsible for the type of development on whether consent should be given. For example, for a new road project the recommendation will be sent to the Secretary of State for Transport. The Secretary of State makes the final decision about whether a DCO should be granted.
The NSIP process can take around 17 months from when an application is submitted to a decision being made. There are six stages to the process:
- Pre-application
- Acceptance
- Pre-examination
- Examination
- Recommendation
- Decision
Following an operational review of the NSIP system the government published a reform Action Plan. The government then consulted on the operational changes proposed in the Action Plan and published a response to the consultation in March 2024. To support the reforms legislation has been amended and the government has published new and updated guidance.
The Planning Inspectorate has developed a new pre-application service to support the governments reforms which introduces, amongst other matters, a new Fast Track procedure which will be available for projects which meet the new Fast Track quality standard.
If the Examining Authority confirms the Planning Inspectorates provisional decision that an NSIP application is suitable for the Fast Track procedure this will affect the timing of the stages of the NSIP process and some of the activities during the stages.
See the governments guidance on the Fast-track process for further information.
More details about the stages of the NSIP process can be found in the Planning Inspectorates Advice for members of the public The stages of the Nationally Significant Infrastructure Project process and how you can have your say.
The people and organisations involved in the process
The applicant
The applicant is the developer that wants to build the project. There are many types of developer that can design and build NSIPs, and they may employ advisors or consultants to help them. The applicant is responsible for consulting people about their project before submitting their application. The applicant must publish a programme document which will show when and how they will engage with members of the public and others during the pre-application stage of the process.
Members of the Public
The applicant must carry out wide-ranging consultation about their project before they can submit their application to the Planning Inspectorate. Anyone can respond to the applicants consultation.
Important information about becoming an interested party
If a NSIP application is accepted by the Planning Inspectorate for examination, only members of the public who register to have their say during the pre-examination stage, and therefore become an interested party, have a right to be involved in the examination of the application. Therefore, members of the public who wish to have their views about an NSIP taken into account by the Examining Authority, must become an interested party.
Local authorities
The land which would be used by the applicant to build and operate an NSIP may be within one local authority area or several, if it is a large spread-out scheme. If the development will be on land within a local authoritys boundary, then that local authority is called a host local authority. The host local authority will have a boundary with one or more other local authorities, known as neighbouring local authorities. The applicant must consult the host and neighbouring local authorities about their project.
See the Planning Inspectorates Advice for local authorities for further information about how local authorities are involved in the NSIP process.
Statutory Parties
Statutory parties are organisations who are experts in their area, such as the Environment Agency, or other parties that have local knowledge, such as parish councils. They can use their knowledge to advise applicants about different aspects of their project. A list of the statutory parties the applicant must consult about their project is included in the legislation.
Note about Town, Parish and Community Councils
The members of these councils are elected by the local community and represent the communities they serve. The elected members are known as local councillors. These local councils are statutory consultees which means they have to be informed about a NSIP. Town, parish and community councils can have their say about a NSIP as an organisation. They do not have the same role as local planning authorities. See the Planning Inspectorates Advice for local authorities for further information about how local authorities are involved in the NSIP process.
The Planning Inspectorate encourages these local councils to engage with the applicant at the pre-application stage. They should also register to have their say at the pre-examination stage and include the full details of the issues they want the Examining Authority to consider. See the Planning Inspectorates Advice for members of the public How to register to have