Nationally Significant Infrastructure Project: These are large infrastructure projects specified in the Planning Act 2008 such as new nuclear power stations. Other developments that can be a NSIP include other power stations (including offshore wind farms), gas storage facilities, energy transmission systems, energy from waste projects, road, port, airport, reservoirs and major waste water treatment plants and water transfer schemes.
Applications relating to an NSIP are made to the Secretary of State for a Development Consent Order (DCO) which replaces the old regime of applications for Section 36 Consents under the Electricity Act 1989 (although this remains for some applications which fall outside of the NSIP regime). DCOs bring together a number of different planning and consenting regimes including planning permission, compulsory purchase powers, the diversion or stopping up of rights of way and marine licences.
The individual scheme promoter engages in significant community and
stakeholder consultation before making its formal application to the Secretary of State, who will decide whether or not to grant development consent in accordance with relevant designated National Policy Statements (NPSs).
The Secretary of State determines the proposal after the examination of the NSIP application by an examiner (or examiners), appointed by the Planning Inspectorate on behalf of the Secretary of State. That examination process is principally made up of the submission of written representations, but can also include hearings before the examiner(s). The Secretary of State's decisions are open to legal challenge.