UK Planning: Infrastructure consenting reforms – accelerating NSIPs?

Speeding up the system

The flagship Planning and Infrastructure Bill continues its journey through the parliamentary process and, in addition to comprehensive reforms to the wider planning system, contains “targeted and impactful interventions” to the NSIP regime.

Shying away from root and branch changes, the government hopes to speed up the consenting system by introducing the ability to direct projects out of the scope of the NSIP determination process and making some tightly scoped procedural tweaks to the judicial review process.

A new requirement for national policy statements (NPSs) to be updated every five years is intended to ensure a sound policy basis, bringing certainty on the need case and policy tests for those promoting and determining NSIP proposals. The government has already concluded a consultation on revised NPSs for energy infrastructure and is consulting on a revised NPS for ports.

The end of April saw the introduction of proposals to abridge the pre-application process for NSIP developments by removing the statutory requirement to consult – acknowledging that the temptation to “gold-plate” consultation to challenge-proof decisions can contribute to a lengthier DCO process than might be necessary. Proportionate consultation will, though, continue to be important.

BNG – coming to an NSIP near you

Biodiversity net gain – which became mandatory in early 2024 for most major developments under the 1990 Act regime – will become mandatory for applications for onshore NSIP development made from May 2026.

Government is consulting on model text for a core biodiversity net gain statement to apply to each category of NSIP – hoping that a consistent approach will reduce complexity – but has left the door open for bespoke arrangements if necessary.

The overall approach will be familiar to those involved in BNG under the 1990 Act. The statutory biodiversity metric will apply, and the underlying objective is that the biodiversity value attributable to a development will exceed the pre-development value by at least 10%.

The nature of NSIP development raises some interesting BNG implications, however.

• To disincentivise promoters from using powers of compulsory acquisition to deliver BNG entirely on-site, the government proposes that, in a departure from the mitigation hierarchy, applicants can deliver BNG on-site or off-site to start with, and then by purchasing credits as a last resort.
• BNG will apply to any temporary, permanent and associated development included within the DCO order limits. Promoters use land temporarily before determining their permanent requirements. As things stand, temporary land would be included in the pre-development biodiversity value of on-site habitat and would be subject to the 10% BNG requirement. Biodiversity gain may be difficult to secure on temporary land because of landowners’ unwillingness to restrict the use of their land for 30 years. The consultation recognises this and asks whether a bespoke policy for temporary land is necessary.

The consultation closes in late July. If the introduction of mandatory BNG into the NSIP regime is to be a success, the process will need to be proportionate and straightforward so that it does not delay the consenting and delivery of critical infrastructure.

Spending Review and 10 Year Strategy – investing in infrastructure

The recent 2025 Spending Review highlighted the importance of infrastructure to the government’s “plans to invest in Britain’s renewal”.

In the short to medium term, the Chancellor heralded “ending decades of delay on critical energy projects” by endorsing projects such as Sizewell C and the development of a small nuclear reactor. The allocation of £9.4 billion to carbon capture, usage and storage projects will be welcomed by the energy industry. Offshore wind, transport and housing projects have all been allocated significant investment.

Looking further ahead, the newly released “UK Infrastructure: A 10 Year Strategy” sets out the government’s “comprehensive” and “ambitious” long-term strategy which takes a “joined-up view to improve planning and delivery across all types of infrastructure” between now and 2035.

The recognition of the need for coordination and oversight is positive, as is the aspiration for long-term thinking. Whether or not that survives the cut-throat political cycle, however, remains to be seen. The newly established National Infrastructure and Service Transformation Authority (NISTA) is likely to have an important role in keeping everyone on the straight and narrow.

So where does that leave us? The infrastructure reforms proposed by the government since taking office appear positive and pragmatic. But the development industry – jaded, as it is, by plenty of talk from successive governments but little concrete action – will be keen to see proposals translated as soon as possible into progress.

Authored by David Wood.