The UK Government looks to streamline infrastructure planning

The UK Government’s recently published a working paper on ‘Streamlining Infrastructure Planning’ which sets out an ambitious vision to accelerate the development of major infrastructure projects. The proposed reforms aim to address the increasing delays and complexity that have plagued the current planning framework under the Planning Act 2008. For commercial developers, these legislative changes present both opportunities and challenges as the Government seeks to strike a balance between expediting decision-making and maintaining robust regulatory oversight.

Addressing delays and increasing flexibility

A key element of the proposed reforms focuses on Nationally Significant Infrastructure Projects (NSIPs). The working paper acknowledges that, while the NSIP system initially delivered timely consents, the process has become slower and more burdensome over time. According to Government figures, the average time to secure development consent increased from 2.6 years in 2012 to 4.2 years by 2021. This delay has not only increased costs but also created uncertainty for developers seeking to plan large-scale infrastructure investments.

To address these issues, the Government is considering several significant changes. First, there is a proposal to review and update National Policy Statements (NPSs) at least every five years. NPSs provide the policy framework against which NSIP applications are assessed, and the Government argues that outdated statements contribute to the extended timelines. A streamlined process for updating NPSs is also proposed, allowing for more responsive changes without the need for exhaustive consultation or parliamentary scrutiny.

For commercial developers, these changes could mean greater clarity and predictability. With up-to-date policy statements reflecting current priorities, such as clean energy and economic growth, developers may find it easier to navigate the planning process and secure consents. The ability to amend NPSs more swiftly also ensures that emerging technologies and evolving market conditions are better accounted for within the framework.

The working paper also addresses the lengthy and complex consultation process required under the current system. While the Government emphasises the importance of community engagement, it acknowledges that the existing requirements are often excessive and lead to unnecessary delays. The proposed reforms aim to make consultation less burdensome by introducing a more flexible and outcome-focused approach. Notably, there are plans to remove the requirement to consult ‘Category 3’ persons (individuals who may be indirectly affected) before submitting an application. This change alone could significantly reduce the administrative burden on developers.

Another major proposal is to increase flexibility post-consent. Currently, making amendments to Development Consent Orders (DCOs) is a slow and rigid process. The Government is exploring whether to eliminate the distinction between ‘material’ and ‘non-material’ changes, replacing it with a single, more streamlined procedure. This shift would allow developers to make necessary adjustments more efficiently, reducing both time and costs associated with project modifications.

A ‘One-Stop-Shop’ for consents

The Government also seeks to advance its ‘one-stop-shop’ vision by facilitating the inclusion of ancillary permissions within the NSIP framework. This would allow developers to secure all required consents in parallel rather than sequentially which is a change that could accelerate project delivery. There is consideration of extending the existing deemed consent mechanism used for marine licenses to other permitting regimes, thereby simplifying the approval process for complex, multi-faceted developments.

A particularly intriguing proposal is the introduction of a new power for the Secretary of State to direct certain projects out of the NSIP regime altogether. This would apply to developments that, while meeting the NSIP threshold, may be more appropriately handled through alternative planning routes. Such a mechanism could offer developers greater flexibility and a faster route to consent, especially for projects where the NSIP process may be disproportionate to their scale or complexity.

The Government is also considering whether to grant additional powers to modify the NSIP process for specific project types. This could allow for bespoke procedural adjustments tailored to the unique challenges posed by large-scale solar farms, complex linear projects like highways, or clusters of interrelated infrastructure developments. If implemented, such measures could improve efficiency while maintaining appropriate safeguards for environmental and community interests.

Implications for commercial developers

For commercial developers, these reforms represent a mixed picture. On the one hand, the proposed changes offer the promise of faster decisions, reduced administrative burdens, and increased certainty. On the other hand, greater ministerial discretion and new procedural powers introduce potential unpredictability. Developers will need to monitor how these reforms evolve, as the details of the Planning and Infrastructure Bill will be critical in determining the practical impact on project timelines and costs.

At Newmanor Law, we understand the complexities of the infrastructure planning system and the significant implications these reforms may have on commercial developers. Our team is closely tracking the Government’s proposals and is available to advise on how these changes could affect your current and future projects.

As the consultation progresses, we encourage stakeholders to engage with the process to shape a planning system that is both efficient and equitable. If you would like to discuss the potential impact of these reforms on your business, please contact our team for tailored legal guidance.