UK government opens consultation on streamlining infrastructure planning

The UK government has opened its consultation on streamlining the infrastructure planning process for Nationally Significant Infrastructure Projects (NSIPs). This consultation follows the introduction of a new Planning and Infrastructure Bill (PIB).

The government is seeking views on proposals which aim to make the system for obtaining consent for NSIPs swifter and more flexible. This is aligned with its ambitious target of making planning decisions on 150 NSIPs during this Parliament. This consultation covers four key areas of the NSIP process:

• Pre-application
• Acceptance
• Examination
• Services

The consultation additionally seeks views on the removal of statutory pre-application requirements for onshore wind projects under the Town and Country Planning Act 1990.

Statutory requirement for pre-application consultation removed

It was announced in April that the PIB would be amended to remove the statutory requirement for pre-application consultation for NSIPs. The belief is that this will speed up the process for delivering major economic infrastructure. According to the government, this could result in savings of over £1 billion.

The goal is that the NSIP regime remains subject to a "front-loaded approach" in which proposals are refined before being submitted to the Planning Inspectorate. The consultation is seeking views on what would constitute best practice that would ensure that the regime maintains constructive engagement with those affected by NSIP proposals once the pre-application consultation is removed. This recognises the care needed to ensure that community engagement is maintained by the streamlined process.

Reforms to the acceptance test

The consultation also sets out aims to reform the acceptance test. These reforms would see the test for accepting an application moving from an application being "of a satisfactory standard" to being "suitable to proceed to examination".

Views are sought on what guidance should accompany this change to provide clarity around the test.

Clarifying Initial Assessments of Principal Issues (IAPI)

The consultation outlines a desire to enable "stronger outcomes in the examination stage through focused IAPIs". This aims to improve the efficiency of the pre-examination and examination stages. The government acknowledges the current lack of description in legislation of what should be included in an IAPI. The result of this is a lack of consistency in IAPI practices. Strengthening the definition of an IAPI is being considered as a means to correct this. The government is seeking additional opinions on what steps could be taken to improve the role of the IAPI.

Changes to the Planning Inspectorate's pre-application and fast-track services

The current use of the Planning Inspectorate's enhanced level of pre-application advice service is low, with only 5% of applicants utilising the enhanced service. The consultation sets out the key advantages available from accessing this service, including the service providing a "unique insight into the approaches taken by other applicants, statutory bodies and local authorities".

In an attempt to increase use of this service, the consultation is asking for views on what the government can do to make it more attractive to applicants.

The government is also aiming to improve the fast-track policy. The desire is that it is re-designed to be applicable to a greater number of projects. This move "is in alignment with government's infrastructure objectives and reflects the urgent need for certain types of infrastructure".

The consultation seeks views on whether the current fast-track process is fit for purpose, as well as how it can be amended to support the government's goals. Improvement of this policy would certainly aid the government's goal of making planning decisions on 150 NSIPs during this Parliament.

Osborne Clarke comment

The consultation is consistent with the general approach that the government is taking to speeding up the consenting regimes for Nationally Significant Infrastructure Projects.

Developers are still likely to carry out consultation, both as a matter of good practice and in order to fully understand the views of relevant stakeholders (as they will be relevant to the evolution of project proposals). However, removing the statutory requirement for pre-application consultation will give greater flexibility in how developers choose to engage with stakeholders through voluntary consultation.

The consultation presents an opportunity to offer an opinion on the execution of the proposed amendments to the consenting process. It closes on 27 October 2025.