Infrastructure planning system
Status:Final report complete. Published:
Study looked at how to speed up the consenting process for major new projects.
Summary
In February 2023, the government asked the Commission to undertake a study on the infrastructure planning system and National Policy Statements (NPSs).
National Policy Statements (NPSs) are a key part of the system for managing Nationally Significant Infrastructure Projects (NSIPs) and are important in ensuring that government policy is implemented effectively through the planning system. As the government updates a number of these – including the Energy, National Networks and Water Resources NPSs – the Commission has explored the best future approach for reviewing NPSs and whether the current process of reviewing statements every five years, as set out in the Planning Act 2008, is the most effective way forward.
The study covered the future of NPS review cycles, actions the government could take to ensure NPSs provide greater certainty for investors, infrastructure developers and communities, and other related good practice.
The final report of the study was published on 18 April.
It sets out recommendations to government on infrastructure planning both in the short and longer term (over the next five years), building on existing government plans for reform in this area, including the Action Plan for NSIPs.
The study’s focus was on England because planning decisions are devolved, but it considered the relevance of any potential cross border issues with the devolved administrations.
Next Section: Terms of reference
National Infrastructure Commission Planning Study
Terms of reference
National Infrastructure Commission Planning Study
The government asks the National Infrastructure Commission to provide recommendations on the infrastructure planning system and, in particular the role of National Policy Statements (NPSs).
The study should provide a final report in Spring 2023.
Context
The planning system plays a critical role in in managing competing pressures around the need and location for development; what areas need to be protected or enhanced; and in assessing whether proposed development is suitable.
The planning policy framework for Nationally Significant Infrastructure Projects (NSIPs) – which primarily covers England and Wales – was introduced in the Planning Act (2008). A series of National Policy Statements set out national policy, including a defined need for the infrastructure in question, on different types of nationally significant infrastructure. The Planning Inspectorate is responsible for the administration, examination and providing a recommendation to the relevant Secretary of State on whether to grant consent for Development Consent applications. It is the Secretary of State who makes the final decision on whether to grant or to refuse the application.
The regime has a strong track record for delivering robust consents. Prior to the NSIP system, major infrastructure projects took significantly more time to go through the planning process, for example Sizewell B nuclear power station took 7 years to be consented. In comparison the Norfolk Boreas offshore wind farm, which was consented in 2021, took 2 and a half years from application submission to its Development Consent Order (DCO) being granted.
However, the system has slowed in recent years, with the timespan for granting DCOs increasing by 65% between 2012 and 2021. For example, offshore wind projects have been seen to take up to four years to get through the DCO process.
NPSs are the cornerstone of the NSIP regime and are key to ensuring that government policy is implemented effectively through the planning system. Hence, clear and up-to-date NPSs are crucial for supporting timely decisions on DCO applications. Where NPSs do not have effect (under s.105 of the Planning Act) or where NPSs have been designated without review for a long period, time in examinations can be spent debating the need case of a particular project and infrastructure in order to agree the policy framework for that application. This can take significant time which can be avoided through updated NPSs which put the needs case beyond doubt.
In November 2020, the National Infrastructure Strategy (2020) established a National Infrastructure Planning Reform Programme, to make the NSIP system more effective and deliver more certainty in the process and better and faster outcomes. Further planning reforms on renewables were also announced as part of the British Energy Security Strategy (2022). In addition, the government will publish a cross government Action Plan for NSIPs [published on 23 Feb] which sets out all of the reforms to the NSIP regime that it is bringing forward to ensure the system can support future infrastructure needs.
Key considerations
The government is currently updating a number of NPSs, including in relation to Energy and National Networks and through bringing forward a new Water Resources NPS.
Beyond this current tranche there is an expected need to review other NPSs in the system. In order to maximise the efficiency of future reviews, it will be important to determine the future of NPS review cycles and whether the current process of reviewing NPSs every 5 years, as set out in DLUHC guidance1, is the most effective way forward. Therefore, the government asks the NIC for recommendations on:
a) Actions the government could take to ensure NPSs are reviewed more regularly and how the process could be improved, including drawing on the experience of those departments who are currently carrying out NPS reviews
b) Whether the current format of the NPS framework remains suitable and effective in providing the necessary planning policy framework for making timely decisions on applications for Development Consent; and
c) Any additional recommendations the NIC considers would help strengthen and improve the policy framework for NSIPs.
In making its recommendations, the government asks the Commission to:
1) Focus primarily on the NSIP regime and major infrastructure projects which are covered by NPSs
2) Set out recommended priorities for government on infrastructure planning both in the shorter term (over the next 18 months) and in the longer term (over the next five years), building on existing government plans for reform in this area
3) Take into account the work that has already been done by government to understand the causes of delay in the system as well as the cross government Action Plan for NSIPs that will be published shortly.
In carrying out the work the Commission will not consider the planning system in relation to housing or business and commercial projects (as defined under the Growth and Infrastructure Act 2013). These sit outside the Commission’s remit.
NSIPs cover England and Wales (and Scotland to a limited extent) but all with different planning thresholds. The Commission’s remit does not cover devolved sectors, such as water, outside of England and so for this reason the study will focus on the NSIP regime in England only. The government expects relevant departments and planning authorities to support the Commission as it carries out the study through sharing available evidence.
There is a significant programme of reform ongoing across infrastructure planning policy within government, including through reforms announced in the National Infrastructure Strategy and British Energy Security Strategy. The Commission should not seek to reopen discussion of these. However, the Commission should consider the impact of these reforms as part of any of its recommendations.
Next Section: Final report
The final report of the study - Delivering net zero, climate resilience and growth: Improving nationally significant infrastructure projects - was published on 18 April 2023.
Final report
The final report of the study - Delivering net zero, climate resilience and growth: Improving nationally significant infrastructure projects - was published on 18 April 2023.
Next Section: Recommendations
Set out below are the six recommendations made in the final report of this study
Recommendations
Set out below are the six recommendations made in the final report of this study
Make five-yearly reviews of National Policy Statements a legal requirement
By 2025, government should introduce legislation to make at least five-yearly reviews of the National Policy Statements for Energy, Water Resources and National Networks a legal requirement. These statements should include clear tests, refer to spatial plans and set out clear timelines and standards for consultation during pre-application. Reviews should consider the appropriateness of existing and future technologies and thresholds. Government should amend legislation to bring onshore wind into the Nationally Significant Infrastructure Project system as soon as possible. By 2025, government should also set out the criteria for triggering reviews of other National Policy Statements.
Ensure modular updates to National Policy Statements
By July 2024, government should introduce a system of modular updates to National Policy Statements linked to primary or secondary legislation to ensure clarity on how future legislative change relates to National Policy Statements.
Ensure better sharing of environmental data
By the end of 2024 the Department for Environment, Food and Rural Affairs should introduce a data sharing platform for environmental data with clear data standards, sharing relevant developer and local nature recovery strategy data. By the end of 2025 statutory consultees should develop a library of historic and natural environmental mitigations for different kinds of infrastructure. Statutory consultees should also receive and use new resource to gather baseline data and agree strategic mitigations for urgent infrastructure, firstly for wind generation and electricity transmission, and then water resources, by the end of 2025.
Demonstrate clear benefits for communities
By the end of 2023 government should develop a framework of direct benefits for local communities and individuals where they are hosting types of nationally significant infrastructure which deliver few local benefits.
Improve oversight from the centre
By the end of 2023 a central coordination and oversight mechanism should be developed, reporting to the Prime Minister or the Chancellor, with measurable targets for reducing consenting times for Nationally Significant Infrastructure Projects.
Compulsory service level agreements with developers
By May 2024 performance indicators for statutory consultees operating under a cost recovery model should form part of compulsory service level agreements with developers, with budget implications for failure to meet agreed service levels. Developers’ applications should only be accepted for examination once a service level agreement is in place.
Latest Updates

Winser report on energy networks offers plan for necessary transformation
An independent report by Nick Winser, in his capacity as government’s inaugural Electricity Networks Commissioner, has been published today (4 August 2023). The report sets out recommendations for accelerating the rollout of electricity transmission infrastructure, which will be crucial to moving electricity generated from renewable sources to the places that need it. Nick’s report includes...

Delivering net zero, climate resilience and growth

Commission to review major projects planning policy
The National Infrastructure Commission has been asked to review the current approach to National Policy Statements (NPSs) and identify how the planning system could create greater certainty for infrastructure investors, developers and local communities. The independent advisory body has been commissioned to undertake the review as government prepares to publish an Action Plan on Nationally...