After much anticipation, the UK Government has tabled the long-awaited Planning and Infrastructure Bill, a wide-ranging legislative proposal aimed at speeding up the development of new homes (following years of undersupply of housing) and infrastructure projects across England and Wales, with some provisions also affecting Scotland. The bill, presented to Parliament this month, has been described by ministers as a transformative reform designed to remove barriers to development and stimulate much-needed economic growth. Will bold intentions to grant 150 Development Consent Orders (DCO) this parliament materialise? What are the key features? And does it really live up to the hype?

Reforms to Nationally Significant Infrastructure Projects (NSIPs)

A major focus of the bill is improving the DCO process for NSIPs which include large-scale developments such as wind farms, major road and rail projects, water infrastructure, and commercial facilities like gigafactories and data centres. The bill proposes:

• Changes to the capacity threshold for solar and reintroduction for onshore wind developments capping thresholds at 100MW.
• A streamlined consenting regime, reducing bureaucratic hurdles in securing a DCO, the key consent for NSIPs which are distinct from planning permission. With the bulk of consultation is done prior to an application, the bill relieves this burden on developers and simplifies these requirements as follows:
  • Only a summary of changes in response to consultation would be required.
  • The Government will be issuing guidance for consultees as to how they are to engage with consultation.
  • Those impacted by applications will only need to be notified and will not be consulted ahead of any application but rather during the application process.
• An option to apply to opt-out of the Planning Act 2008 scheme using alternative consenting schemes (like the Town and Country Planning Act regime) regardless of whether the proposed project is over the thresholds (being the reverse of the current opt-in scheme for projects under the threshold).
• Mandatory review and updates to National Policy Statements (NPSs) every five years to ensure planning policies remain relevant, and ad hoc updates as and when required in response to a particular change in circumstances. Currently, these statements are updated infrequently and have failed to keep pace with fast changing nature of the infrastructure projects required by the private sector (e.g., data centres), and to stimulate growth. Details as to the resourcing is yet to be provided and time will tell as to what circumstances qualify to require ad hoc updates and what level of scrutiny will be given.
• Restrictions on judicial reviews (and removal of the permission on papers stage) to limit delays caused by legal challenges against NPSs and NSIP decisions – whilst this is welcomed by the sector, it is generally acknowledged that this will have little impact on the appetite of those currently seeking judicial review, typically, on the grounds of failing to comply with applicable environmental standards and that the delays to projects could persist for many years. If an appeal is found to be totally without merit the right to appeal will be lost, whilst this sounds impactful the effect on the ground will likely be limited.

Broader Planning Reforms

Beyond NSIPs and DCOs, the bill introduces a new strategic planning system, aimed at ensuring local authorities work together more effectively to meet the infrastructure needs of their administrative boroughs. Additional measures include the following:

• Changes to environmental impact assessments, replacing traditional environmental statements with environmental outcome reports to simplify compliance.
• A "nature recovery fund" and nature restoration levy, which will help developers meet environmental obligations while supporting biodiversity conservation and environmental delivery plans. A model likely to resemble CIL, paying the levy will not go towards meeting biodiversity net gain requirements and will be an additional environmental requirement.
• New environmental development plans are expected, which will suggest planning conditions to be included by local planning authorities on grants of permission.
• A triage system for planning applications, where applications will be referred either to planning officers or committees based on their complexity. More applications are expected to be determined by officers with professional planning qualifications rather than by committee members.

Housing development and urban expansion

A key element of the bill is its push for housing development, particularly through:

• Compulsory purchase reforms, making it easier for local authorities to acquire land for housing.
• Strengthening the role of development corporations, giving them greater powers to deliver infrastructure and transport projects.
• Allowing development on "grey belt" land, a lower-quality section of the green belt, to prioritise housing while still protecting more valuable green spaces.

These changes build upon recent updates to the National Planning Policy Framework, which promotes a "brownfield first" approach while recognising that some greenfield development will still be necessary.

Planning Reforms in Scotland

The bill also includes provisions for reforming planning rules for electricity infrastructure in Scotland, aiming to reduce approval times for major energy projects. Currently, it can take up to four years for large-scale onshore and offshore electricity projects to secure consent. Some of the proposed measures include:

• Removing automatic triggers for public inquiries, which can delay projects unnecessarily.
• Aligning pre-application consultation processes with existing Scottish planning rules, reducing red tape.
• Expanding the two-stage challenge process for offshore projects to onshore developments, ensuring consistency in how legal challenges are handled.

However, Scottish planning experts have already criticised the bill for failing to introduce binding statutory deadlines for project approvals—something that exists in England’s DCO system. While the Scottish government will have the power to introduce such deadlines in the future, arguably clear timeframes are needed now to prevent further delays.

Comment

The Planning and Infrastructure Bill represents a major step in the UK government’s efforts to speed up infrastructure and housing development. While the proposed reforms - particularly to NSIPs, environmental assessments, and local planning policies - are largely positive these are unlikely to have a meaningful impact on reducing the time it takes to obtain the necessary consents to get these critical and complex projects off the ground. Even with streamlined processes, delays could persist if planning departments remain underfunded and understaffed. As ever, the proof will be in the pudding and the success of the bill will depend on how effectively it is implemented and whether additional reforms are introduced to address its remaining weaknesses.