Nationally Significant Infrastructure Projects: Advice on the Consultation Report
This advice explains how applicants should compile a consultation report for Nationally Significant Infrastructure Project (NSIP) applications.
Applies to England and Wales
The government has published guidance about national infrastructure planning which applicants, members of the public and other parties should read. 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 Inspectorate’s 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.
An application for a Development Consent Order (DCO) must include a consultation report which describes the consultation process carried out by the applicant before the NSIP application is submitted, including how they have taken feedback into account. See section 37(3)(c) of the Planning Act.
The applicant should refer to:
- the government’s guidance on the Pre-application stage
- the Planning Inspectorate’s Pre-application Prospectus
Purpose of the consultation report
The Planning Inspectorate will review the consultation report during the acceptance stage of the process to decide if:
- the applicant has complied with the pre-application consultation requirements
- ultimately, the application is of a satisfactory standard to be accepted for examination
The applicant should regard the consultation report as an important part of the evidence base that supports their application. The consultation report may also be referred to by the Examining Authority during the examination of the application and by the Secretary of State when making their decision.
The consultation report must explain how the applicant has complied with the statutory pre-application consultation requirements set down in the Planning Act, specifically the requirements to:
- consult with prescribed consultees (section 42)
- consult with the community (section 47)
- publicise the proposed application (section 48)
- have regard to consultation responses (section 49)
- have regard to the government’s guidance on the Pre-application stage (section 50)
The report should also explain any non-statutory pre-application consultation that has been undertaken by the applicant.
The consultation report should include an explanation of how the applicant has had regard to the Planning Inspectorate’s pre-application advice and the advice provided by other statutory consultees and local authorities.
The applicant should be aware that there are additional consultation requirements associated with applications seeking entry to a Fast Track procedure. These requirements are set out in the government’s guidance on the Fast-track process and the Planning Inspectorate’s Pre-application Prospectus.
Environmental Impact Assessment Regulations consultation
Consultation undertaken as part of the Environmental Impact Assessment (EIA) process under The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 is separate to that required under the Planning Act. For example, statutory consultation on a scoping report following a scoping request to the Secretary of State is consultation under the EIA regulations. The applicant may wish to draw attention to consultation responses received under the EIA process, but any reference to the EIA consultation should be addressed separately from the non-statutory and statutory consultation carried out under the Planning Act.
For further information on the consultation requirements for EIA see the Planning Inspectorate’s Advice on Environmental Impact Assessment Notification and Consultation.
Format and content of the consultation report
There is no standard format for a consultation report. This advice provides some good practice guidelines about the structure of a consultation report.
The main aim of the consultation report is to provide clarity on what consultation has been done and how the applicant has taken feedback into account. The Planning Inspectorate should be able to understand how the consultation was undertaken and how the issues raised have been addressed or responded to. The report does not need to include an excessively detailed description of every element of the consultation programme. See paragraph 026 of the government’s guidance on the Pre-application stage for further information.
Introductory text
Introductory text should provide an overview including:
- a summary of the consultation activities undertaken
- a table or timeline summarising both statutory and non-statutory consultation in chronological order
This section should explain the relationship between any initial strategic options stages of the project, any subsequent non-statutory consultation that may have taken place, and the statutory consultation carried out.
Many NSIPs evolve over an extended period with previous proposals, or elements of proposals, that may have been consulted on then abandoned. Where this is the case a brief description of any historic consultation activity, including any information available about the general content of the consultation and the number of responses at that time, can be helpful. However, a detailed planning history of the site is not necessary.
Multi-stage consultations
It is helpful if each stage of non-statutory and statutory consultation is presented and explained chronologically in separate chapters or sections of the report. This can also include separate summary schedules of consultation responses for each round of consultation, which could be included as an appendix to the report.
Statutory consultation
This is the consultation required by the Planning Act.
Duty to notify the Secretary of State (section 46)
The report should include details of when the applicant notified the Planning Inspectorate of their intention to submit a NSIP application and carry out statutory consultation. As required by section 46 of the Planning Act the applicant must notify the Planning Inspectorate before commencing consultation under section 42. The report should confirm when the full suite of consultation documents was provided to the Planning Inspectorate and include a list of those documents.
Duty to consult (section 42)
The report should include a list of all persons and consultation bodies that were consulted. The applicant should provide a sample of the letter sent to each type of consultee which includes the date it was sent, and the deadline given for responses. These can be included as an appendix. The applicant should list the consultees in the order suggested below. For each type of consultee, the applicant should include the dates they were consulted.
· Prescribed consultees (section 42(1)(a), (aa) and (c))
The list of the prescribed consultees should follow the order they are presented in Schedule 1 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (the APFP Regulations 2009). Any variations between the applicant’s list of prescribed consultees and the list set out in Schedule 1 of the APFP Regulations 2009 should be justified. Where relevant, the list of prescribed consultees should also include the Marine Management Organisation (section 42(1)(aa)) and the Greater London Authority (section 42(1)(c)).
The Infrastructure Planning (Miscellaneous Provisions) Regulations 2024 introduced transitional provisions where the applicant has started to consult under section 42 before 30 April 2024.
· Relevant local authorities (section 42(1)(b))
The report should include a short description of how section 43 of the Planning Act has been applied in identifying the relevant local authorities. This can be illustrated by a map showing the site and identifying the boundaries of the relevant local authorities.
· Persons with an interest in land (section 42(1)(d))
The report should include the number of persons with an interest in the Order land who were consulted. This can be divided to show the numbers under each category set out in section 44 of the Planning Act. It is not necessary to list the names of all individuals identified in the Book of Reference.
The applicant must demonstrate that diligent enquiry was undertaken to identify persons under section 44 and to ensure that an up-to-date Book of Reference is submitted with the application. It should also set out the methodology for identifying persons in Category 3 (those who may make a relevant claim).
If changes to the red line boundary of the project were made during the pre-application stage, and as a result additional persons with an interest in land were identified and consulted, the applicant should to describe:
- how many additional persons with an interest in land were consulted
- how and when they were consulted
- what information they were provided with
The applicant should explain how they have dealt with any new interests in land that have emerged after the statutory consultation has concluded. See paragraph 024 of the government’s guidance on the Pre-application stage for further information.
Duty to consult the local community (section 47)
The Planning Inspectorate will need to be satisfied that the applicant has complied with the Statement of Community Consultation (SOCC) preparation process. The report should include evidence which shows:
- which local authorities were consulted about the content of the draft SOCC
- what the local authorities’ comments were
- confirmation that the local authorities were given 28 days to provide their comments
- a description of how the applicant had regard to the local authorities’ comments. For example, where a local authority identified digitally disadvantaged groups the applicant should explain what mitigation was put in place to allow those people to engage, such as providing a telephone helpline
- where appropriate, an explanation of why the applicant did not act on a response from a local authority
The applicant should provide evidence that the SOCC:
- was available for inspection online, Evidence could include a screenshot of the relevant webpage showing the published SOCC and including the full website address, relevant telephone number for enquiries, and confirmation that the public could access the webpage free of charge
- was published in the local press, Evidence should include a scanned copy of the published notice as it appeared, and details of the local newspapers it was published in and when
Where it is not possible to provide a clear scanned copy of a notice the applicant should provide the best available scanned copy and a document containing the text of the notice. If it was not possible to place the SOCC in a printed local newspaper the applicant should provide a screenshot of the notice as it was published in an online local newspaper. The screenshot should include the full website address, relevant telephone number for enquiries and the date of publication.
Where a SOCC was subject to one or more updates, the updated versions of each SOCC should be included. The report should explain why the SOCC was reviewed and updated from the previous version.
Where there are inconsistencies between the SOCC and the consultation carried out by the applicant, this should be clearly explained and justified. For example, where additional consultation took place that was not included in the SOCC.
Further information about the SOCC process can be found in the Planning Inspectorate’s Advice to Local Authorities.
Duty to publicise (section 48)
The report should include a scanned copy of the section 48 notice as it appeared in the local and national newspapers and journals. Where it is not possible to provide a clear scanned copy of the notice then the applicant should provide the best available scanned copy and a document containing the text of the notice. The scanned copy of the notice should clearly show the publication’s name and the date of publication.
Where it was not possible to place the notice in printed newspapers and journals, a screenshot of the notice as it was published in online publications should be provided. The screenshot should include the full website address, relevant telephone number for enquiries and the date of publication.
The report should confirm where and when the notice was published, and the time period given for responses.
The report should confirm that the section 48 notice was sent to the Environmental Impact Assessment (EIA) consultation bodies at the same time as it was published. See Regulation 13 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations 2017).
Duty to take account of responses to consultation (Section 49)
The report should provide evidence that the applicant has had regard to the responses to consultations when preparing their application.
Summary of responses
The applicant should provide a summary of the individual responses received. The responses should be categorised in an appropriate way. It may be appropriate for the applicant to group responses under headline issues. The applicant must not present responses in a misleading way or out of context from the original views in the response.
The applicant should provide an explanation of the method used (coding) to group and organise responses, including any safeguarding and cross-checking processes.
The summary of responses should identify:
- comments that are relevant (directly or indirectly) to changes made to the project during the pre-application stage. For example, changes to siting, route, design, or scale of the scheme itself, or to mitigation or compensatory measures proposed
- comments that led to no change, including an explanation of why the applicant considered that no change to the project was required
- comments that were received after deadlines set by the applicant and the process used to deal with these
Duty to have regard to the government’s pre-application guidance (Section 50)
The report should provide evidence that demonstrates how the applicant has had regard to the government’s guidance on the Pre-application stage. The report should illustrate how the relevant guidance has been followed. If the applicant has diverged from the guidance this should be explained and justified.
Demonstrating regard to pre-application advice
The applicant’s consultation report should include evidence which demonstrates how they have had regard to the section 51 pre-application advice from the Planning Inspectorate and advice from the other statutory consultees which provide advice on behalf of the government.
Provision of this evidence will:
- support the applicant’s case to demonstrate that they have complied with the requirements of Part 5, Chapter 2 of the Planning Act
- give confidence to stakeholders that the applicant has considered the statutory advice received and made all reasonable efforts to submit a well prepared application
There is no prescribed format for providing this evidence however it may be best presented in a table appended to the consultation report.
Reporting on the adequacy of consultation milestone
The adequacy of consultation milestone is a requirement established in the government’s guidance on the Pre-application stage.
The Planning Inspectorate’s Pre-application Prospectus gives further details about the adequacy of consultation milestone procedure.
The applicant should summarise how they have discharged the adequacy of consultation milestone procedure in the consultation report. This should include how the applicant has had regard to any comments received from local authorities, statutory consultees and the Planning Inspectorate in relation to the adequacy of consultation milestone.
Non-statutory consultation and engagement
The applicant may have undertaken early non-statutory consultation. For example, with statutory consultation bodies when identifying options, or in advance of statutory consultation. The applicant may also have been engaged in non-statutory consultation after the statutory consultation. For example, when changes have been made to the project.
The applicant should describe the non-statutory consultation that took place to the same level of detail as the statutory consultation. While it is not necessary for the applicant to demonstrate how they have had regard to the non-statutory consultation comments, they should explain how comments received influenced the project.
The applicant should explain the nature and purpose of any targeted non-statutory consultation. For example, if it was geographically focused what consultees were included and what was the rationale for the geographic extent of the consultation. If a reduced number of prescribed consultees were consulted, the applicant should explain the rationale for the selection.
Where the applicant has made changes to the project, whether material or non-material. They should explain which consultees were informed about the change, the approach taken to selecting consultees and an explanation of how and when they were consulted.
Consultation report appendices
Appendices should be used to provide evidence that demonstrates compliance with the requirements of the Planning Act, government guidance and the advice of the Planning Inspectorate and other statutory consultees. The appendices should be clearly referenced in the report. The applicant should use a referencing system that corresponds to the chapters or sections of the report. A chronological approach which demonstrates the journey through the consultation should be used.
A separate appendix should be provided for each element of the section 42 statutory consultation and the section 48 publicity. For multi-stage statutory consultations, the appendices should be ordered chronologically with a separate appendix for each stage that is subdivided into the different elements of the consultation.
Evidence of non-statutory consultation should be assembled chronologically in a separate appendix.
The summary of responses table for each stage of consultation can also be included as an appendix.
Request for the applicant to provide consultation responses
During the acceptance stage the Planning Inspectorate may ask the applicant to provide a copy of any, or all, of the statutory consultation responses they received. This may be requested when there is uncertainty about whether the duty to have regard to consultation responses has been met. The applicant should prepare for this possibility during the pre-application stage so that they can provide the required information to the Planning Inspectorate at short notice during the 28 day acceptance stage.
The applicant is responsible for ensuring that copies of consultation responses can be provided in a timely manner. They should consider any obligations they have under data protection legislation when preparing the responses. The acceptance stage cannot be suspended or extended pending the submission of the consultation responses. The consultation responses will not be published on the Find a National Infrastructure Project website.
Data Protection and redaction guidelines
The applicant must ensure that the consultation report complies with data protection legislation and that the personal data of individuals is treated appropriately. This may include redaction of data and obtaining informed consent from the individuals concerned as appropriate.
The consultation report should not include the following items (if necessary, relevant information should be redacted by the applicant):
- private home addresses of individuals or information that could lead to the identification of the location of a private individual
- private email addresses and telephone numbers of individuals
- sensitive or special category data within the meaning of the Data Protection Act 2018 and UK General Data Protection Regulation
- written signatures
- photographs of the faces of individuals who have not given consent to have their image published, including images taken at consultation events
- information that could lead to the identification of a specific location of a protected species