Guidance

Nationally Significant Infrastructure Projects: The stages of the NSIP process and how you can have your say

This advice is intended to explain the Nationally Significant Infrastructure Project (NSIP) process and to describe how people and organisations can have their say.

• From: Planning Inspectorate
• Published: 8 August 2024

Applies to England and Wales

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 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.

The stages of the NSIP process

There are 6 stages to the NSIP process:

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 government’s 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 Inspectorate’s 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 government’s guidance on the Fast-track process for further information.

Summary of how members of the public can take part at each stage

Stage	Actions
Pre-application	Contact the applicant to find out more about the project and how it might impact the local area
	Ask questions and raise any concerns with the applicant
	Attend any meetings or events arranged by the applicant
	Respond to the applicant’s non-statutory and statutory consultation
	Send any concerns about how the applicant is carrying out their consultation to the applicant. If there are still concerns these can be sent to the local authority
Acceptance	Members of the public are not involved at this stage
	Members of the public can use this time to look at the Planning Inspectorate’s Advice for members of the public - Guidance for submitting representations or comments
Pre-examination	Members of the public must fill out a registration form and make a relevant representation before the deadline if they want to be an interested party
	Interested parties have a right to have their say and take part in the process. They can also request to speak at the preliminary meeting
Examination	Interested parties can:
	Submit further written comments if necessary to add to information provided in their relevant representation
	Answer the Examining Authority’s questions or requests for further information
	Respond to comments or information sent by others
	Request to speak at hearings and attend a site inspection
Recommendation	Members of the public are not involved at this stage
Decision	Members of the public are not involved at this stage but interested parties may be invited to respond to any consultations which the Secretary of State may carry out
Post Decision	At this stage anyone can challenge the way the decision has been made

Pre-application stage

This is the stage before the applicant submits their NSIP application to the Planning Inspectorate. The applicant will prepare all the detailed documents they must send with their application. The applicant must also carry out wide-ranging public consultation. The applicant must publish a ‘programme document’ which will indicate when and how they will engage with members of the public and others during the pre-application stage.

The time taken to prepare and consult on a project will depend on how complex it is.

The Statement of Community Consultation

Before an applicant begins their public consultation about a project they must consult local authorities about how they intend to carry out the consultation.

The applicant will prepare a ‘Statement of Community Consultation’ (SOCC). This is a document which gives information about the applicant’s communication strategy, including how, where and when there will be an opportunity for members of the public to get involved and make comments.

The applicant will consult the local authorities about their SOCC and consider the responses received. The applicant must publish an advert in a local newspaper that explains where members of the public can view the SOCC.

The applicant must do what they have said they will do in the SOCC.

Further information about the SOCC can be found in the Planning Inspectorate’s Advice for local authorities.

How members of the public can get involved and have their say at the pre-application stage

Anyone can get involved in the pre-application stage. It is an opportunity to:

• find out more about the project and how it might impact the local area
• ask questions and raise any concerns with the applicant
• influence the project as it evolves. At this stage the applicant can listen to the concerns raised and consider amending the project before they send their application to the Planning Inspectorate.

Local knowledge of the area plays an important role in the pre-application stage. Feedback received may help the applicant to exclude unsuitable options and reduce some of the impacts on the local community where possible. 

At this stage the application has not been submitted to the Planning Inspectorate so anyone who wants to get involved and have their say will need to contact the applicant and respond to their consultation.

The applicant’s website will have information about the project and details of how to contact them.

Consultation

There are two types of consultation:

• non-statutory consultation - this is optional, but the applicant is encouraged to consult local communities as soon as there is enough detail about the project to allow people to have an opportunity to influence it.
• statutory consultation – this is required and is usually carried out nearer to the time the application will be submitted to the Planning Inspectorate. At this stage the project is likely to be more defined, although the applicant should still be able to amend the project based on any consultation feedback.

The information and documents that the applicant provides for consultation need to be clear and informative so that the project can be understood by anyone looking at it. However, it may not be the same information and documents that will be submitted with the application. At this stage the applicant could still change the project to reduce or resolve the impacts that may be caused by the construction and operation of the development.

What the applicant must do at the pre-application stage

The applicant must advertise their statutory consultation in both the local and national press for two weeks. The advert must include:

• a description of the project, including the location
• details of where people can find out more about the project
• details of how and where people can send their comments to the applicant
• the deadline for sending the comments, which must be at least 28 days after the second press advert.

Who the applicant must consult

The applicant must consult:

• members of the public
• local authorities
• statutory parties such as the Environment Agency, Natural England and parish councils
• all those with an interest in the land that would be affected by the project

Any concerns about the way in which the applicant is carrying out their pre-application consultation should be raised with the applicant as soon as possible so that they can respond to any issues. Concerns can also be raised with the relevant local authority. When the application has been submitted the Planning Inspectorate will ask the relevant local authorities for their views on the consultation. This is known as an ‘adequacy of consultation’ request. 

Further information about the local authorities adequacy of consultation response can be found in the Planning Inspectorate’s Advice for local authorities.

If there are still concerns about the applicant’s pre-application consultation, after these have been raised with both the applicant and the local authority, these can be included in a relevant representation (see the Planning Inspectorate’s Advice for members of the public – How to have your say and make a relevant representation).

What the applicant must do after the statutory consultation

The applicant must consider the comments and feedback they receive from the statutory consultation, although that does not mean they must agree with all of the views put to them.

The applicant must prepare a consultation report to submit with their application. The report must show that the applicant has correctly carried out the consultation. It must include a summary of the responses received. It must also include a description of how the application has been influenced by the responses and, where relevant, an explanation of why some of the suggestions were not followed. 

What happens next

Once the applicant has finished their consultation and considered the comments, they will finalise the application and send it to the Planning Inspectorate.

Acceptance stage

This is the stage when the applicant submits its application to the Planning Inspectorate. The Planning Inspectorate has up to 28 days to decide whether the application can be accepted for examination

What the Planning Inspectorate must do at the acceptance stage

Once the application has been submitted the Planning Inspectorate will:

• check the application and make sure all documents and plans that are needed have been received. The legislation includes a list of all the information that must be included with an application. If anything is missing the application may not be accepted
• contact the relevant local authorities and ask them for their comments on the applicant’s pre-application consultation, including how and where the consultation took place
• check that the documents and plans meet the standards required to be accepted. For example, checking the consultation report has explained where the applicant was able to amend the project and where they considered it was not possible to make changes

If any of the documents or plans do not meet the required standard the application may not be accepted for examination.

There are 3 possible outcomes from the acceptance stage:

1. The Planning Inspectorate accepts the application for examination

The Planning Inspectorate will notify the applicant that the application has been accepted for examination. The notification will be published on the project information page of the Find a National Infrastructure Project website and the application will move on to the pre-examination stage.

If the applicant has requested the Fast Track procedure the Planning Inspectorate will also make an initial decision about whether the application meets the required Fast Track quality standard.

See the government’s guidance on the Fast-track process for further information.

2. The Planning Inspectorate do not accept the application

The Planning Inspectorate will notify the applicant of its decision. The notification may include advice about how the applicant can make changes to the application if they want to submit the application again. The Planning Inspectorate will not consider the application any further. If the applicant decides to resubmit the application, then the acceptance stage will start again.

3. The applicant withdraws its application

The Planning Inspectorate will not consider the application any further. The applicant may decide to update or make changes to the application and resubmit it. If the application is resubmitted, the acceptance stage will start again.

How members of the public can get involved at the acceptance stage

Members of the public are not involved at this stage. Members of the public can use this time to think about any comments they might want to make about the project if the application is accepted by the Planning Inspectorate.

See the Planning Inspectorate’s Advice for members of the public - Guidance for submitting representations or comments

The time for sending comments will be at the pre-examination stage.

What happens next

If the Planning Inspectorate accepts the application it will write to the applicant to tell them and explain what they must do next. The applicant will need to advertise that the application has been accepted and tell people how they can view the application documents and register to have their say about the application.

Pre-examination stage

This is the stage where:

• the applicant must advertise that the application has been accepted for examination by the Planning Inspectorate
• members of the public must register to have their say if they want their comments to be taken into account and to be involved in the process
• an Examining Authority is appointed to examine the application
• the Examining Authority may visit the site unaccompanied
• the Examining Authority will hold a preliminary meeting

There is no time limit for how long the pre-examination stage lasts, though it is expected to be a maximum of 5 months.

What the applicant must do at the pre-examination stage

The applicant must notify members of the public, all those with an interest in the land that would be affected by the project and other people and organisations that the application has been accepted by:

• sending notices in the post or by email
• putting up site notices
• placing adverts in the local and national press or on their website

The notices and the adverts must include:

• a description of the project, including a map of the location
• details of locations where members of the public can look at a copy of the application documents
• the application reference number
• details of how members of the public can register with the Planning Inspectorate to have their say about the application
• the deadline for members of the public to register to have their say. This deadline must be at least 30 days from the date the last advert appeared in the press

The time from the notices and adverts to the deadline date is called the ‘relevant representation period’.

How members of the public can get involved and have their say at the pre-examination stage

Members of the public will need to fill out a registration form and make a relevant representation during the relevant representation period if they want to be an interested party and:

• have the right to send further comments and written evidence during the examination stage of the process
• have the right to request to speak at the preliminary meeting during the pre-examination stage or hearings at the examination stage, and request to attend any accompanied site inspections
• hear about events and decisions made during the process
• hear about the progress of the application

The relevant representation should include full details of the issues that the person or organisation wants to be considered. This means that the relevant representation should not just say ‘we support’ or ‘we object’ to the project. The relevant representation should give detailed reasons for those views, providing evidence as necessary, and not just provide an outline of the issues. See the Planning Inspectorate’s Advice for members of the public - Guidance for submitting representations or comments and How to register to have your say and make a relevant representation

The Examining Authority’s Initial Assessment of Principal Issues

The Examining Authority will read all the application documents and relevant representations and make an ‘Initial Assessment of Principal Issues’ (IAPI). This is the Examining Authority’s first thoughts about the main issues that might be involved in the examination of the application. The IAPI must be completed within 21 days after the deadline for receipt of relevant representations. Although the Examining Authority will identify the main matters for examination, they will still consider other important and relevant matters or topics which may arise during the examination. See paragraph 013 of the government’s guidance on the Pre-examination stage for further information about the IAPI and why it is important that relevant representations are as comprehensive as possible.

The IAPI will normally be discussed at the preliminary meeting.

The preliminary meeting

After the relevant representation period has closed the Examining Authority will read all the comments and decide when to hold a preliminary meeting.

The preliminary meeting is a procedural meeting run by the Examining Authority to discuss the examination process and timescales.

Finding out about the preliminary meeting

The Planning Inspectorate will tell people:

• who the Examining Authority will be
• what the Examining Authority’s ‘Initial Assessment of Principal Issues’ are
• what the draft timetable for the examination of the application is
• when and where the preliminary meeting will be and what the agenda is
• details about how people and organisations can register to speak at the preliminary meeting
• the deadline for registering to speak at the preliminary meeting
• any other decisions the Examining Authority has made since the application was accepted. For example, about any additional information the applicant may need to provide

This information will be included in a notification sent by the Examining Authority, at least 21 days before the preliminary meeting, to the following people and organisations:

• the applicant
• everyone who has registered to have their say
• all those with an interest in the land affected by the project
• local authorities
• statutory parties
• any other persons the Examining Authority may wish to invite to the preliminary meeting

The is called the ‘Rule 6 notice’ and it will be published on the project information page of the Find a National Infrastructure Project website.

If the Examining Authority decides to hold hearings straight after the preliminary meeting, details about the hearings will be included in the Rule 6 notice. See Finding out about a hearing and registering to speak

How members of the public can get involved and have their say at the preliminary meeting

Only interested parties have a right to request to speak at the preliminary meeting. Interested parties who wish to speak should register with the Planning Inspectorate. See the Planning Inspectorate’s Advice for members of the public – Registering to speak at or attend an event.

If a member of the public who is not an interested party wishes to speak during the meeting, it will be up to the Examining Authority to decide if they want to hear from them.

Interested parties can decide if they want to speak at the preliminary meeting or just watch. Interested parties should consider the following points:

• The meeting is run by the Examining Authority who will decide the agenda. Before deciding whether to speak people should consider the items on the agenda
• The preliminary meeting is not the time for interested parties to say what they like or don’t like about the project. There will be time during the examination stage to do that

• The meeting will consider how the application will be examined and will focus on the draft examination timetable. The Examining Authority will invite people to comment on the items in the timetable such as:

  a. dates for the different types of hearing – are there any local or public events that are expected to happen at the same time?

  b. deadlines for people and organisations to send further comments or information to the Examining Authority

  c. the format for hearings – can these be held online or in a suitable venue with some people and organisations attending online and some in person?

  d. topics for an issue specific hearing - the Examining Authority will consider these but they will decide what issues need discussion at any issue specific hearing

The draft examination timetable is not fixed at this point. The preliminary meeting is for the Examining Authority to listen to people’s comments about it before they finalise the timetable.

The preliminary meeting will be livestreamed and recorded. The recording will be published on the project information page of the Find a National Infrastructure Project website.

For more information about what will happen at the preliminary meeting see the Planning Inspectorate’s Advice for members of the public – What to expect at a Nationally Significant Infrastructure Project event

What happens next

After the preliminary meeting has closed the examination stage begins.

Other meetings

The Examining Authority may decide to hold a meeting after they have made their ‘Initial Assessment of Principal Issues’ and before the preliminary meeting. See paragraph 014 of the government’s guidance on the Pre-examination stage.

If an ‘other meeting’ is held the Examining Authority will provide an agenda and reasonable notice to the relevant interested parties of the date, time and place of the meeting.

Examination Stage

This is the stage where the Examining Authority examines the application, they will:

• ask questions
• invite comments in writing and at hearings
• visit the area where the project would be built and operated
• gather information and test evidence
• make decisions on how the examination will proceed as needed

The examination is mostly carried out in writing. Interested parties may be able to have their say at hearings, but this will generally be to add to the comments made in writing.

This stage takes up to 6 months. If the NSIP application is following the Fast Track procedure this stage will be reduced to a maximum of 4 months. See the government’s guidance on the Fast-track process for further information.

What the Planning Inspectorate must do at the examination stage

The Examining Authority must tell everyone about the examination timetable which will include:

• a deadline for sending any further comments about the application. These are called ‘written representations’
• dates when the Examining Authority may issue written questions or requests for further information
• a deadline for sending answers to the Examining Authority’s written questions or their requests for further information
• the dates for hearings that may take place
• the dates for any site inspections which interested parties may attend

This information will be included in a notification sent by the Examining Authority. This is called the ‘Rule 8 notice’. It will be sent shortly after the close of the Preliminary Meeting to the same people and organisations who received the Rule 6 notice. It will be published on the project information page of the Find a National Infrastructure Project website.

How members of the public can get involved and have their say at the examination stage

Members of the public can look at the application documents, comments from all the other interested parties, the Examining Authority’s written questions or requests for information and other information on the project information page of the Find a National Infrastructure Project website. Interested parties can decide if they want to

• submit further written comments (written representation)
• respond to comments or information submitted by others
• respond to the Examining Authority’s questions or requests for further information
• request to speak at hearings or attend a site inspection

Only members of the public who are interested parties have a right to have their say at this stage.

If a member of the public who is not an interested party wishes to submit a written comment or speak at a hearing, it will up to the Examining Authority to decide if they want to hear from them.

Sending a written representation

The Examining Authority will read all the comments (relevant representations) made at the pre-examination stage. If interested parties would like to send further comments or more information, to support their earlier comments, then they can make a written representation by the deadline given in the examination timetable. It is not necessary to send an additional written representation unless it adds to an earlier comment or gives new information.

If a written representation is over 1500 words then a short summary should also be submitted.

Answering the Examining Authority’s written questions or their requests for information

The Examining Authority’s questions or requests for information will be addressed to the people or organisations that the Examining Authority would like to gather evidence or receive clarification from, such as the applicant, the local authority or one of the statutory parties. All interested parties can respond to any question or request even if it is not addressed to them.

If an interested party is answering a question they must clearly identify it by quoting the question reference number.

Responding to comments or information from other people or organisations

The examination timetable will include deadlines for interested parties to send any responses they may have to any comments or information submitted by others. Interested parties should send their responses by the deadline shown in the examination timetable. It is helpful if the response includes the examination library reference numbers of the comments or information that the response is about. See the examination library section of the Planning Inspectorate’s Advice for members of the public – Guidance for submitting representations or comments.

Hearings

There are 3 types of hearing that may be held during the examination stage. Hearings can be held online or in a suitable venue with some people and organisations attending online and some in person, these are called ‘blended events’. Anyone taking part is expected to speak to the Examining Authority directly and not the applicant or other interested parties. For more information about what will happen at a hearing see the Planning Inspectorate’s Advice for members of the public – What to expect at a Nationally Significant Infrastructure Project event

1. Open Floor Hearings

These hearings are for interested parties to speak directly to the Examining Authority about their views on the application. Only members of the public who are interested parties have a right to speak at an open floor hearing. If a member of the public who is not an interested party wishes to speak it will be up to the Examining Authority to decide if they want to hear from them.

The examination timetable will include a deadline for when interested parties can tell the Examining Authority if they want to speak at an open floor hearing. If no one asks to speak by the deadline then the Examining Authority can decide not to hold an open floor hearing. If lots of people ask to speak then more than one open floor hearing may be held. Anyone who does ask to speak must still register to speak when the Examining Authority notifies everyone of the actual date of the hearing. See the Planning Inspectorate’s Advice for members of the public – Registering to speak at or attend an event.

Once an interested party has spoken at one open floor hearing they cannot speak again at another. Where interested parties have similar views they could group together and select a spokesperson. The spokesperson can then present those views to the Examining Authority on behalf of the group.

There may not be an agenda for the hearing as it is open for discussion of any issue about the application. However, if a lot of people want to speak the Examining Authority may provide an agenda. This will include a list showing the order in which people will be invited to speak and may give a time limit for each person or organisation to have their say.

2. Issue Specific Hearings

The Examining Authority will decide whether to hold these hearings and what they will be about. They will be held if the Examining Authority thinks it is necessary to find out more about an issue they have already read about in the application documents or representations. For example, the Examining Authority may have read about the traffic impacts of a project but decide they need to discuss the traffic impacts at a particular location with the local authority and others.

If an issue specific hearing is held about an issue it is not necessarily because that issue is more important than other issues, but because the Examining Authority thinks it is necessary to have a discussion and clarify a specific issue.

There will usually be an issue specific hearing about the Development Consent Order (DCO) document.

The Examining Authority will provide an agenda for each issue specific hearing which will give the details of each issue they want to discuss. The agenda will also include a list of people or organisations they would like to attend. Anyone can attend an issue specific hearing but only members of the public who are interested parties can request to speak.

3. Compulsory Acquisition Hearings

These hearings are for the Examining Authority to:

• discuss the applicant’s case for requesting compulsory acquisition and temporary possession of land and rights in their application
• listen to views about the compulsory acquisition or temporary possession of land or rights from anyone with an interest in the land which would be affected by the project (affected persons)

Only affected persons have a right to ask for a compulsory acquisition hearing. The examination timetable will include a deadline for when affected persons can tell the Examining Authority if they want to speak at a compulsory acquisition hearing. If no one asks to speak by the deadline then the Examining Authority can decide not to hold a compulsory acquisition hearing. Anyone who does ask to speak must still register to speak when the Examining Authority notifies everyone of the actual date of the hearing. See the Planning Inspectorate’s Advice for members of the public – Registering to speak at or attend an event.

The Examining Authority will provide an agenda for each compulsory acquisition hearing which will give details of the matters that they want to discuss. This may include a list showing the order in which affected persons will be invited to speak. Anyone can attend a compulsory acquisition hearing but only members of the public who are interested parties can request to speak.

Finding out about a hearing and registering to speak

As the examination progresses the actual dates and times of the hearings will be finalised along with the format of the hearings.

Anyone who wishes to speak at a hearing should register this with the Planning Inspectorate. See the Planning Inspectorate’s Advice for members of the public – Registering to speak at or attend an event.

The Examining Authority will provide reasonable notice to all interested parties of any hearing.

The notification will include:

• the date, time and place of the hearing
• details about how people and organisations can register to speak at the hearing
• the deadline for registering to speak at the hearing

The Examining Authority may provide notice of some early hearings in the Rule 6 notice or the Rule 8 notice.

What the applicant must do before a hearing

The applicant must:

• advertise the hearing on their website or in a local newspaper
• put up site notices to advertise the hearing in the local area
• ask the Planning Inspectorate to publish the notice on the project information page of the Find a National Infrastructure Project website

The advert and the notices must include the date, time and place of the hearing.

Site inspections

The Examining Authority will visit the site of the project so they can fully understand the application. They will decide whether interested parties should also attend to accompany them.

The examination timetable may give a deadline for the applicant to provide a draft itinerary for an accompanied site inspection which should take into account the comments made about the application. The timetable may also include a deadline for interested parties to send comments to the Examining Authority about the applicant’s draft itinerary, and to make suggestions about locations that the Examining Authority may need to visit.

The final itinerary for an accompanied site inspection will be decided by the Examining Authority and will be published on the project information page of the Find a National Infrastructure Project website about a week before the site inspection.

There are 3 ways the Examining Authority can inspect the site.

1. Unaccompanied Site Inspections 

If the Examining Authority can look at the site from public land, they are likely to inspect the site on their own and interested parties will not be invited to attend.

After this type of site inspection a note giving details of the date, time and locations visited will be published on the project information page of the Find a National Infrastructure Project website. 

 2. Accompanied Site inspections  

If the Examining Authority needs to access private land to look at the site, or they decide that interested parties need to be present to guide them or point out certain features, then interested parties will be invited to attend. Only members of the public who are interested parties can request to attend this type of site inspection.

The applicant will attend and others such as the local authorities and statutory parties may also attend. Members of the Planning Inspectorate’s case team will also attend. For practical reasons the number of attendees may be limited. The Examining Authority will have the final say about who can attend.

An accompanied site inspection is not the time for interested parties to talk to the Examining Authority about their views on the project. The Examining Authority may, however, wish to ask parties to point out features of the site or to clarify factual matters. See Finding out about an Accompanied Site Inspection and registering to attend

For more information about what will happen at an accompanied site inspection see the Planning Inspectorate’s Advice for members of the public – What to expect at a Nationally Significant Infrastructure Project event.

3. Access Required Site Inspections

If the Examining Authority can look at most of the site from public land but there are a few locations where they may need to go on to private land, they may decide to inspect the site on their own but ask for access to be provided to the private land. For example, they may ask for gates to be unlocked. The Examining Authority will not discuss the application with the parties providing access. Interested parties will not be invited to attend.

After this type of site inspection a note giving details of the date, time and locations visited will be published on the project information page of the Find a National Infrastructure Project website. 

Finding out about an Accompanied Site Inspection and registering to attend

As the examination progresses the actual date and time of the site inspection will be finalised.

Interested parties who wish to attend an accompanied site inspection should register this with the Planning Inspectorate. See the Planning Inspectorate’s Advice for members of the public – Registering to speak at or attend an event.

The Examining Authority will notify all interested parties about the site inspection. The notification will include:

• the date, time and starting place for the site inspection
• information about any health and safety considerations such as the need for suitable footwear
• details about when the final itinerary for the site inspection will be available on the project information page of the Find a National Infrastructure Project website
• details about how interested parties can register to attend
• the deadline for registering to attend

For more information about what will happen at the accompanied site inspection see the Planning Inspectorate’s Advice for members of the public – What to expect at a Nationally Significant Infrastructure Project event.

Changes to the application

After an application has been accepted by the Planning Inspectorate there may be circumstances when the applicant considers making a change to the project. See the Planning Inspectorate’s Advice for applicants - Changes to an application after it has been accepted for examination for information about the process the applicant should follow.

The applicant will consult people and organisations about the proposed change. Members of the public can respond to the consultation by sending their comments to the applicant, not to the Planning Inspectorate.

The Examining Authority will consider the applicant’s change application and the responses to the applicant’s consultation. If the change to the application is accepted for examination by the Examining Authority they will invite interested parties to send written comments on the changes. This may mean that the examination timetable is amended, for example to include extra deadlines for interested parties to have their say about the change and for any extra hearings that may be needed.

If the change includes extra land which the applicant will need to compulsorily acquire it may be necessary for them to notify people and organisations that the change to the application has been accepted for examination. The applicant will need to notify:

• members of the public
• all those with an interest in the original land that would be affected
• all those with an interest in the extra land that would be affected
• local authorities
• statutory parties

The applicant will need to explain how people and organisations can register with the Planning Inspectorate to have their say about their proposal to compulsorily acquire extra land and give the deadline for registering.

Other decisions made by the Examining Authority

During the examination stage the Examining Authority will make other decisions about the procedure for examining the application, these are called ‘procedural decisions’. Each time a procedural decision is made the Examining Authority will tell all interested parties and the project information page of the Find a National Infrastructure Project website will be updated.

What happens next

After the examination has closed the Examining Authority will consider all the comments, documents and evidence and they will prepare a recommendation for the Secretary of State.

Recommendation stage

This is the stage where the Examining Authority will prepare a report and recommendation for the Secretary of State about whether the project should be given consent to be built and operated. The report and recommendation will not be published on the project information page of the Find a National Infrastructure Project website at this time. Members of the public will be able to see the report and recommendation when the Secretary of State makes their decision.

This stage takes up to 3 months. If the NSIP application is following the Fast Track procedure timeframe this time may be reduced. See the government’s guidance on the Fast-track process for further information.

How members of the public can get involved at the recommendation stage

Members of the public are not involved at this stage and the Planning Inspectorate does not expect to receive any comments or further information. If it does receive any submissions the Planning Inspectorate’s case team will send them to the Secretary of State and the Examining Authority will not see them.

What happens next

The Examining Authority’s recommendation is sent to the Secretary of State.

Decision stage

This stage is when the Secretary of State will look at the Examining Authority’s recommendation  and all the comments, documents and evidence and make a decision about whether to give consent for the project.

This stage takes up to 3 months. If the NSIP application is following the Fast Track procedure this time may be reduced. See the government’s guidance on the Fast-track process for further information.

How members of the public can get involved at the decision stage

Members of the public are not involved at this stage and the Planning Inspectorate does not expect to receive any comments or further information. If it does receive any submissions the Planning Inspectorate’s case team will send them to the Secretary of State.

The Secretary of State may invite interested parties to comment on certain matters during this stage. If this happens information about how they can have their say will be sent to all interested parties and published on the project information page of the Find a National Infrastructure Project website.

What happens next

When the Secretary of State makes their decision the Planning Inspectorate will publish the following on the project information page of the Find a National Infrastructure Project website:

• the Secretary of State’s decision letter explaining the reasons for the decision
• The Development Consent Order (if the Secretary of State decides to give consent for the project)
• the Examining Authority’s report and recommendation
• any documents or comments sent to the Planning Inspectorate and passed on to the Secretary of State during the recommendation or decision stage
• any documents or comments sent directly to the Secretary of State during the recommendation or decision stage
• other relevant documents, such as a Habitats Regulations Assessment

After the Secretary of State has made their decision there will be a six-week period where anyone can challenge the decision in the High Court. This is called a Judicial Review.

See - the Judicial Review process and how it works (opens in a new tab).

Published 8 August 2024