Planning for infrastructure

Infrastructure is a broad term which can encompass a wide range of sectors and types of projects, ranging from schools, hospitals, roads and railway lines to wind, waste and water projects, oil and gas facilities, pipelines and processing plants. Infrastructure projects are often high value and complex and the parties will need to understand, and ensure that the contractual arrangements in place provide for the commercial, strategic, technical, geographical and political factors and the associated risks involved. Due to the broad spectrum of issues involved, infrastructure projects will often involve lawyers from a number of practice areas.

This subtopic looks at planning consent for major infrastructure projects under the regime set out in the Planning Act 2008 (PA 2008).

Nationally Significant Infrastructure Projects (NSIPs)

The PA 2008 process was introduced to streamline the decision-making process for NSIPs for transport, energy, water and waste infrastructure, making it fairer and faster for communities and developers alike. NSIPs include:

•
electricity generation projects
•
overhead electric lines
•
underground gas storage
•
Liquefied Natural Gas facilities
•
gas reception facilities
•
gas transporter pipelines
•
other pipelines
•
highways
•
airports
•
harbour facilities
•
railways

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Public Law News

Lady Chief Justice gives evidence to Senedd committee on justice system issues

The Lady Chief Justice, the Baroness Carr of Walton‑on‑the‑Hill, appeared before the Senedd’s Legislation, Justice and Constitution Committee, representing the first time a Chief Justice has given evidence to a Senedd committee. During the session, the Chief Justice discussed a wide range of issues affecting the justice system in Wales, including access to justice, court estate matters, performance and backlogs in Wales and collaboration between the judiciary and HM Courts and Tribunals Service (HMCTS) Wales. She also highlighted several judicial innovations piloted in Wales, including: (1) the rollout of Pathfinder courts across Wales, which have transformed family court engagement with parents into a problem-solving model based on early accounts of the voice of the child; (2) the expansion of Domestic Abuse Protection Orders in North Wales; (3) the women-focused problem-solving court at Swansea magistrates’ court and (4) the police witness live-links pilot at Merthyr Tydfil magistrates’ court.

European Court of Human Rights annual report 2025

The Strasbourg Court has published its 2025 annual report. It contains information and statistics on its organisation and activities for the previous year. Pending applications were again down from the previous year, this time by 11%, to just over 53,000. This was despite applications being up by 10% compared with 2024, to almost 32,000. The President of the Court explains in his foreword that this is because of a 5% increase in the number of cases decided in 2025 compared with 2024.

JCSI 47th report of 2024–26: 5 SIs reported

The Joint Committee on Statutory Instruments (JCSI) has reported five statutory instruments: two for defective drafting, two for failure to comply with proper legislative practice and one for requiring elucidation.

MoJ releases tenth annual Law Commission implementation report for 2025–26

The Ministry of Justice (MoJ) has published its tenth annual report on the implementation of Law Commission proposals, covering the period from 12 January 2025 to 11 January 2026, with further updates reflecting progress made up to its publication in February 2026. The report, produced in accordance with the Law Commission Act 2009, sets out the government’s progress in implementing, progressing or considering Law Commission recommendations across England and Wales, and confirms that no recommendations were rejected during the reporting period.