Nationally Significant Infrastructure Projects—pre-application consultations and discussions
Nationally Significant Infrastructure Projects—pre-application consultations and discussions

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Nationally Significant Infrastructure Projects—pre-application consultations and discussions
  • Nationally Significant Infrastructure Project consent regime
  • Regulatory framework and guidance
  • The importance of pre-application consultation
  • Notification of proposed application
  • Obtaining information about interests in land—PA 2008, s 52
  • Rights of Entry—PA 2008, s 53
  • Environmental impact assessment (EIA)
  • Who must be consulted?
  • Section 42 consultation—statutory bodies
  • More...

Nationally Significant Infrastructure Project consent regime

The Planning Act 2008 (PA 2008) sets out a development consent regime for Nationally Significant Infrastructure Projects (NSIPs) in the fields of energy, transport, water, waste water and waste. Projects exceeding prescribed thresholds must be authorised under the PA regime.

Qualifying projects require development consent under PA 2008. Applications for development consent are made directly to the Planning Inspectorate (PINS), acting on behalf of the Secretary of State, rather than to the local planning authority in the first instance. Development consent is granted by way of a single development consent order (DCO). See Practice Note: Permission for nationally significant infrastructure projects.

National Policy Statements (NPSs) are statutory documents setting out the government's policy on particular types of NSIPs and provide the framework within which the Secretary of State makes its decisions on NSIP applications for development consent. See Practice Note: National Policy Statements.

Once a DCO application has been submitted, PA 2008 prescribes a fixed timetable for most of the stages of the conduct of the application through to its determination.

However, before a DCO application can be submitted, PA 2008 requires that extensive pre-application consultation is undertaken by the promoters of the scheme with a large number of statutory consultees, as well as with local communities and the general public. See Practice Notes: Application procedure for nationally significant infrastructure projects, Development consent order

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