Guidance

Factsheet: Critical infrastructure reforms

Published 11 March 2025

The government is committed to sustained economic growth and getting Britain building again. The Planning and Infrastructure Bill is another major milestone in our reform programme.

The Bill will speed up and streamline the delivery of new homes and critical infrastructure, supporting delivery of the government’s Plan for Change milestones of building 1.5 million safe and decent homes in England and fast-tracking 150 planning decisions on major economic infrastructure projects by the end of this Parliament.

It will also support delivery of the government’s Clean Power 2030 target by ensuring that key clean energy projects are built as quickly as possible. These fact sheets are designed to inform readers on:

a) the issue specific measures are solving
b) what the Bill will do
c) what this means in practice

What is the issue?

Since 2010, the Nationally Significant Infrastructure Projects (NSIP) regime has been used to consent most major infrastructure projects, but its performance has deteriorated, resulting in longer timelines and increased costs. According to the National Infrastructure Commission, it takes on average over 4 years for a decision on major infrastructure, up from 2.6 years in 2015.

These issues have been caused by:

(i) out-of-date National Policy Statements, which are documents produced by the government that set out the need case and policies for the development of NSIPs in various sectors

(ii) costly public consultation which does not improve outcomes for host communities

(iii) increased risk of legal challenge. By streamlining the system, the government will deliver a faster, more certain, and less costly NSIP regime, which is essential to delivering the government’s commitment in the Plan for Change to fast-track 150 planning decisions on major economic infrastructure projects by the end of this Parliament

What will the Planning and Infrastructure Bill do?

The government’s approach to NSIP reform is to make targeted and impactful interventions to the consenting system to maximise certainty and speed. In January 2025, we published a working paper on streamlining infrastructure planning to test stakeholder views on potential legislative changes to the NSIP regime, ahead of introduction of the Planning and Infrastructure Bill. Following further policy development and feedback from a range of stakeholders (e.g. developers, planning and technical experts, eNGOs and local authorities), the government is implementing several critical reforms outlined in the working paper, aimed at addressing the biggest barriers to delivery. These include:

• mandating that National Policy Statements (NPSs) are updated at least every five years;
• allowing for certain schemes to be redirected out of the NSIP regime into suitable consenting routes;
• making consultation less burdensome;
• ensuring that an Examining Authority can award costs at any time after their appointment; and
• reducing the number of attempts a claimant has to obtain permission for judicial review relating to NPSs and applications for DCO.

National policy statements

Through the Bill we will introduce a statutory requirement for each NPS to be updated at least every five years so that they reflect the government’s priorities and support quicker decisions on individual applications. We will also introduce a streamlined procedure for making changes to NPSs to ensure they can quickly respond to legislative changes, published government policy, and/or relevant Court decisions. This additional streamlined procedure will still require changes to be subject to sustainability appraisals, habitat assessments, public consultations, and for them to be laid before Parliament for scrutiny before coming into effect.

Redirection power

In response to requests for greater flexibility in our consultation on the National Planning Policy Framework, the Bill will also include a new power to make it possible for infrastructure projects above the NSIP thresholds to be consented by another appropriate route. A new power will enable the Secretary of State to give a direction, on a case-by-case basis, that disapplies the requirement for development consent in certain cases. Modelled on section 35 of the Planning Act, a proposed developer could submit a request to the Secretary of State, demonstrating that they satisfy a clear set of conditions to be considered appropriate for direction out of the NSIP process. Where there is no identifiable applicant, the Secretary of State may redirect the project of their own volition if they consider that it is more appropriate for an alternative consenting regime to apply in relation to the development. Alternative consenting routes could include the Town and Country Planning Act 1990, the Highways Act 1980, or Transport and Works Act 1992.

Proportionate consultation

The government is committed to streamlining the consultation requirements of the NSIP regime. Following the feedback received through the working paper and wider engagement, the Bill makes several immediate improvements to the regime. Through the Bill we will:

• change the application acceptance requirements – so that the Planning Inspectorate take a more proportionate approach when determining whether to accept an application for examination and enable minor changes to the application in advance of a decision, if these are needed to enable acceptance
• introduce a new duty on statutory consultees and local authorities to have regard to guidance published by the Secretary of State about how they should engage in consultation in the NSIP process
• revise requirements for consultation reports so that they summarise the themes and issues raised
• remove the requirement to consult ‘Category 3’ persons during the pre-application stage. This will reduce burdens and time that applicants spend on identifying and consulting people who ‘who might be entitled to make a claim if a DCO is approved and implemented’ throughout iterations during the pre-application stage

These changes will streamline consultation, making it less burdensome for all those involved.  We will continue working with the sector to fix the underlying consenting processes so the system is fit for the demands of the future.

Judicial review

The Bill makes provision to streamline the judicial review process for NSIPs. This means that claims seeking permission for judicial review of NPSs and DCOs will go straight to an oral hearing, rather than first going through the paper permission stage. The Bill will also enable judges to certify a claim as ‘totally without merit’ at an oral hearing in the High Court, thereby removing the right to appeal that decision to a higher court. Claims which are not found to be ‘totally without merit’ will still be able to appeal to the Court of Appeal. This will ensure unmeritorious claims do not hold up NSIP projects whilst maintaining access to justice in line with our domestic and international obligations.  

Award of costs

A new power will enable an Examining Authority to make an order for costs incurred by parties, for example where they are negatively affected by unreasonable behaviour, at any time after their appointment.

What will this mean in practice?

By tackling the core causes of delay, including out of date policies, disproportionate consultation and lengthy legal challenges, these measures will accelerate the delivery of critical infrastructure, upgrades to the national grid, unlock clean power by 2030 and support the delivery of 1.5 million homes and commercial industry needed to power growth.