Planning and Infrastructure Act 2025

Part 1 — Infrastructure

Chapter 1 — Nationally significant infrastructure projects

National policy statements: review

1

• (1) Section 6 of the Planning Act 2008 (review) is amended as set out in subsections (2) to (5).

• (2) For subsection (1) substitute—

(1) The Secretary of State— (a) must review each national policy statement whenever the Secretary of State thinks it appropriate to do so, and (b) in any event, must carry out a full review of each national policy statement at times that enable the Secretary of State to comply with subsection (5A).

• (3) In subsection (2), at the end insert “, and in this section a “full review” means a single review relating to all of a national policy statement”.

• (4) After subsection (4) insert—

(4A) Whenever the Secretary of State decides to review a national policy statement, the Secretary of State must lay a statement before Parliament announcing the review.

• (5) After subsection (5) insert—

(5A) But, unless and until a statement’s designation as a national policy statement is withdrawn— (a) the Secretary of State must amend each national policy statement within the initial period (see section 6ZA), and (b) the Secretary of State must subsequently amend each national policy statement at intervals of no more than five years. (5B) An amendment of a national policy statement counts for the purposes of subsection (5A) only if the amendment arises from a full review of the statement. (5C) An amendment of a national policy statement that is required by subsection (5A) to be made by a certain time may be delayed beyond that time only if and for so long as exceptional circumstances exist which, in the opinion of the Secretary of State, make the delay unavoidable. (5D) In that case the Secretary of State must, before the deadline for amending the national policy statement, lay a statement before Parliament explaining the reasons for the extension and stating when the Secretary of State expects to amend the national policy statement.

• (6) After section 6 of the Planning Act 2008 insert—

(6ZA) (1) Subsections (2) to (5) explain what is meant by “the initial period” in section 6(5A)(a). (2) In the case of a national policy statement that is designated on or after the relevant date, the initial period is the period of five years beginning with the date of designation. (3) In the case of a national policy statement that— (a) was designated before the relevant date, and (b) was amended before the relevant date, the initial period is the period of five years beginning with the date of the amendment or, if an amendment was made on more than one occasion before the relevant date, the date of the latest such amendment. (4) In the case of a national policy statement that— (a) was designated within the period of five years ending with the relevant date, and (b) was not amended before the relevant date, the initial period is the period of five years beginning with the date of designation. (5) In the case of a national policy statement that— (a) was designated before the beginning of the period of five years ending with the relevant date, and (b) was not amended before the relevant date, the initial period is the period of two years beginning with the relevant date. (6) Section 6(5) applies in relation to a full review of a national policy statement within subsection (5) of this section carried out within the initial period as if the option in section 6(5)(c) (leave the statement as it is) was not available to the Secretary of State following that review. (7) In this section— - “full review” has the meaning given by section 6(2); - “the relevant date” means the date on which section 6(5A) comes into force.

National policy statements: parliamentary requirements

2

• (1) Part 2 of the Planning Act 2008 (national policy statements) is amended as set out in subsections (2) and (3).

• (2) In section 6 (review)—

• (a) in subsection (7)(b)(i), omit “under section 9(8)”;

• (b) in subsection (7A), omit “under section 9(8)”;

• (c) after subsection (9) insert—

(10) In subsections (7)(b)(i) and (7A), references to an amendment being laid before Parliament are references to— (a) in the case of an amendment that is, or is included in, a proposal to which subsections (4) to (8) of section 9 do not apply (see section 9(8A)), the amendment being laid under section 9(2); (b) in any other case, the amendment being laid under section 9(8).

• (3) In section 9 (parliamentary requirements)—

• (a) after subsection (8) insert—

(8A) Subsections (4) to (8) do not apply in relation to the proposal if it— (a) is an amendment within subsection (11), or (b) consists only of amendments within that subsection.

;

• (b) in subsection (9)—

• (i) for “subsection (8)”, in each place, substitute “the laying requirement”;

• (ii) in paragraph (b), after “5(4)(a)” insert “or 6(7)(a)”;

• (c) in subsection (10), for “subsection (8)” substitute “the laying requirement”;

• (d) after subsection (10) insert—

(11) An amendment is within this subsection if it is an amendment proposed to a national policy statement in order to reflect— (a) published Government policy that is relevant to development of a description to which the statement relates, (b) the amendment, revocation or repeal of legislation referred to in the statement, or the amendment, revocation, repeal or coming into force of legislation relevant to development of a description to which the statement relates, (c) a change (not within paragraph (a) or (b)) to a published document referred to in the statement, or (d) a decision of a court in proceedings referred to in section 13 or 118, or other proceedings, so far as relevant to the interpretation of the statement or legislation referred to in the statement. (12) In subsection (11), “legislation” means an Act or an instrument made under an Act. (13) In this section, “the laying requirement” means— (a) if the proposal is one to which subsections (4) to (8) do not apply, subsection (2); (b) otherwise, subsection (8).

• (4) The amendments made by this section apply in relation to amendments proposed to be made to a national policy statement that arise from a review of the statement completed or begun before (as well as after) the date on which this section comes into force.

Projects relating to water

3

• (1) Part 3 of the Planning Act 2008 (nationally significant infrastructure projects) is amended as set out in subsections (2) to (4).

• (2) In section 27 (dams and reservoirs)—

• (a) in subsection (1)(b), after “by” insert “, or by a person appointed by,”;

• (b) in subsection (2)(b), after “by” insert “, or by a person appointed by,”;

• (c) after subsection (3) insert—

(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

• (3) In section 28 (transfer of water resources)—

• (a) in subsection (1)(a), after “by” insert “, or by a person appointed by,”;

• (b) after subsection (2) insert—

(3) In this section, the reference to “a person appointed by” a water undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

• (4) In section 28A (desalination plants)—

• (a) in subsection (1)(b), after “by” insert “, or by a person appointed by,”;

• (b) in subsection (2)(b), after “by” insert , or by a person appointed by,”;

• (c) after subsection (3) insert—

(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

• (5) The amendments made by this section do not apply in relation to a project where, before the day on which this section comes into force—

• (a) consent for the project was required, or otherwise provided for, by or under an enactment other than section 31 of the Planning Act 2008 (requirement for development consent in relation to development that is or forms part of a nationally significant infrastructure project), and

• (b) any steps provided for by or under the enactment in question, to obtain that consent, had been taken.

• (6) In subsection (5), “consent” means any consent, approval, permission, authorisation, confirmation, direction or decision (however described, given or made).

Power to disapply requirement for development consent

4

• (1) The Planning Act 2008 is amended as set out in subsections (2) to (4).

• (2) In section 31 (when development consent is required)—

• (a) the existing text becomes subsection (1);

• (b) after that subsection insert—

(2) But see section 35B (power for the Secretary of State to give a direction disapplying the requirement for development consent).

• (3) In section 35ZA (directions under section 35), after subsection (10) insert—

(10A) The Secretary of State must publish a direction under section 35(1) or subsection (3) of this section.

• (4) After section 35A insert—

(35B) (1) The Secretary of State may give a direction that development consent is not required for development specified in the direction. This is subject to subsections (2) and (4). (2) The Secretary of State may give a direction only if— (a) the Secretary of State considers that it is appropriate for an alternative consenting regime to apply in relation to the development, rather than this Act, (b) no application for an order granting development consent for the development has been made, and (c) the development will (when completed) be wholly in one or more of the areas specified in subsection (3). (3) The areas are— (a) England or waters adjacent to England up to the seaward limits of the territorial sea; (b) in the case of development that is or forms part of a project for the carrying out of works in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions. (4) The Secretary of State may give a direction only if— (a) the conditions in subsection (5) are satisfied, (b) the conditions in subsection (6) are satisfied, (c) the Secretary of State is the person who proposes to carry out the development, or (d) the Secretary of State considers that the appropriate alternative consenting regime for the development is that under section 59 of TCPA 1990 (development orders). (5) The conditions referred to in subsection (4)(a) are that— (a) the Secretary of State receives a written request for a direction from a qualifying person, (b) the request specifies the development to which it relates, (c) the request identifies the appropriate alternative consenting regime for the development, (d) the request explains why the person making the request considers that it is appropriate for that alternative consenting regime to apply in relation to the development, and (e) the request includes evidence showing that the alternative consenting authority is aware of the intention to request a direction specifying the development. (6) The conditions referred to in subsection (4)(b) are that— (a) the Secretary of State receives a written request for a direction from a person who has power to make a local development order, a Mayoral development order or a simplified planning zone scheme, (b) the request specifies the development to which it relates, and (c) the request indicates that the person making the request considers that the appropriate alternative consenting regime for the development is that under section 61A (local development orders), 61DA (Mayoral development orders) or 82 (simplified planning zone schemes) of TCPA 1990 (as the case may be), giving reasons for that view. (7) The condition in subsection (2)(b) is to be regarded as met in relation to development if an application for an order granting development consent for the development is made during the period beginning with the day on which this Act is passed and ending with the day on which this section comes into force. (8) For the purposes of this section— (a) an “alternative consenting regime” for development means a regime set out in legislation other than this Act under which, if development consent were not required for the development, a specified person would have power to authorise the development, and (b) the person referred to in paragraph (a) is the “alternative consenting authority” in relation to that regime. (9) In this section— - “direction” means a direction under subsection (1); - “legislation” means an Act or an instrument made under an Act; - “local development order” has the meaning given in section 61A of TCPA 1990; - “Mayoral development order” has the meaning given in section 61DA of TCPA 1990; - “qualifying person” means— a person who proposes to carry out any of the development to which the request relates; a person who, if a direction were given specifying the development, proposes to apply to an alternative consenting authority in relation to the development; - “simplified planning zone scheme” has the same meaning as in TCPA 1990 (see section 82 of that Act). (35C) (1) In this section “direction” means a direction under section 35B(1). (2) Subsection (3) applies if— (a) the Secretary of State decides to give a direction that has been requested as described in section 35B(5), and (b) a person proposed (before or after that section came into force) to make an application for an order granting development consent for the development to which the request relates. (3) The direction may include provision— (a) for the proposed application to be treated as a proposed application to a specified alternative consenting authority; (b) for specified provisions of legislation governing an alternative consenting regime— (i) to have effect in relation to the proposed application with any specified modifications; (ii) to be treated as having been complied with in relation to the proposed application. (4) In the application of subsection (3) to a direction that is to specify development for which an application seeking development consent has been made (see section 35B(7)), references to the proposed application include references to the application. (5) If the Secretary of State receives a request for a direction as described in section 35B(5) or (6), the Secretary of State must give reasons for the decision to give or not to give the requested direction to the person who made the request. (6) The Secretary of State must publish a direction. (7) In this section, the following expressions have the same meaning as in section 35B— - “alternative consenting authority”, - “alternative consenting regime”, and - “legislation”. (35D) (1) The Secretary of State may by regulations— (a) make provision about time limits for decisions about whether to give directions under section 35B(1) following qualifying requests (including provision for the extension of any prescribed period in prescribed circumstances); (b) make provision for and in connection with the provision of information to the Secretary of State for the purposes of such decisions. (2) In this section “qualifying request” means a request in relation to which the conditions in section 35B(5) or (6) are satisfied.