This Act amends consenting regimes for nationally significant infrastructure projects, electricity infrastructure and transport infrastructure. These changes aim to streamline the delivery of these projects, facilitating faster delivery.
The revisions made concern application information requirements, changes to consultation and greater flexibility.
The Planning and Infrastructure Act 2025 introduces new powers and amends a variety of legislation. This summary concerns changes to infrastructure consenting only.
What will change?
Amendments made by the Act are intended to speed up the consenting process for a range of developments, including critical infrastructure.
Amendments to the Nationally Significant Infrastructure Project (NSIP) regime under the Planning Act 2008 (England and Wales)
Part 1, Chapter 1 (Nationally significant infrastructure projects) amends the Planning Act 2008. The amendments made apply in Wales where NSIP consenting powers are not devolved.
The following changes will be made:
- Pre-application consultation and acceptance stages for development will be revised, with the objective of speeding up and simplifying this process. This intends to apply a more proportionate approach, adds an obligation to have regard to guidance and requires shorter consultation reports. Category 3 persons (persons or obligations who might be entitled to make a relevant claim for compensation if consent is granted for the NSIP) will no longer require consultation at the pre-application stage.
- The Secretary of State may direct that an alternative consenting route may be taken. Where deemed appropriate, NSIP developments may be processed under an alternative regime such as the Town and Country Planning Act 1990.
- A simplified judicial review process.
- Powers for examining authorities to award costs where an application is withdrawn before the examination period commences.
- National Policy Statements (NPSs) state how NSIP developments must contribute to sustainable development, including climate change mitigation and adaptation. Amendments by the 2025 Act require NPSs to be updated at least every five years. Commencing regulations apply this obligation from 18 February 2026.
- A one attempt limit on legal challenges against NSIP decisions deemed by the court as totally without merit.
Changes to electricity infrastructure consenting (Great Britain)
Part 1, Chapter 2 (Electricity infrastructure) aims to speed up electrical infrastructure consenting. This includes amendments to the Electricity Act 1989. Changes include:
- Standardised information requirements and processes for consent applications, including stated pre-application requirements.
- A defined process for overhead line consent variations.
- A power for Scottish Ministers to vary consents where required, including to address technological or environmental factors.
- A transition away from the first come, first served approach for connections to the grid to a first ready, first connected system. This is intended to incentivise developments.
- Stated fees for necessary wayleaves.
- Possible electricity bill discounts of up to £2,500 over 10 years for domestic properties near new or majorly upgraded pylons or transmission infrastructure.
- A power to introduce a Long Duration Electricity Storage (LDES) cap and floor scheme. This is intended for introduction in the first half of 2026. These contracts are intended to provide certainty to LDES infrastructure developers.
- An extended Generator Commissioning period for offshore transmission owners. This increases from 18 months to 27 months, reflecting timescales required for the transfer of transmission assets built for offshore wind.
- English and Welsh forestry authorities may use and permit the use of forestry land for renewable electricity generation, transmission, storage and supply. This will be delivered through amendments to the Forestry Act 1967.
Amendments to Transport Infrastructure Consenting (England and Wales)
Part 1, Chapter 3 (Transport infrastructure) will amend the Highways Act 1980 and Transport and Works Act 1992 to facilitate the delivery of road infrastructure and transport schemes:
- New powers to temporarily possess land.
- Cost recovery by statutory consultees and local authorities. This has the objective of facilitating timely inputs.
- Statutory deadlines for the decision of applications for transport orders in England and Wales.
- Statutory instruments will no longer be required for certain highway schemes and orders.
- Powers for strategic highway authorities to initiate the making or unmaking of trunk roads.
- Model clauses under the Transport and Works Act 1992 will be replaced with guidance.
Additionally, amendments to the Harbours Act 1964 will enable harbour revision order fees to be set more flexibly.
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