Infrastructure Planning Blog

This week's blog covers revised energy national policy statements, development consent order revocations, the encouragement of housing near stations and the latest on the Planning and Infrastructure Bill.

I've Got The Power

Three of the energy national policy statements have now been laid for approval in Parliament in their final form. They have not changed much since the consultation drafts were published in April this year.

In summary, the differences between the current (November 2023) and new versions are:

• more focus on 'Clean Power 2030' rather than just net zero by 2050
• Energy from Waste projects no longer considered 'critical national priority'
• thresholds and sections updated to reflect legal changes – solar 50->100MW, onshore wind re-introduced at 100MW
• biodiversity net gain references more explicit
• coordination of offshore wind and associated transmission infrastructure 'required' rather than just 'encouraged'
• new references to the circular economy and waste minimisation
• more emphasis on proportionality, readiness and adaptive management when it comes to environmental impact assessment

The drafts do not recognise the forthcoming dropping of mandatory pre-application consultation, so will presumably have to be updated again in anticipation of that. The consultation response and links to the three documents can be found here.

Interestingly, the response bands the level of consultee support as 'most', 'many', 'some' and 'a few' respondents, depending on whether it was >75% support, 50%-75%, 25%-50%, <25%. 'Most' doesn't obviously sound that high.

The only changes the government says it has made are to the re-instated 'onshore wind' section of EN-3, e.g. referring to peatlands, and landscape and visual impact; additional text on 'wake effects' for offshore wind, i.e. where one windfarm affects the wind reaching another; and updates relating to fisheries, coastal erosion, habitat restoration and offshore transmission infrastructure.

In EN-5, the endorsement of CSNP (the evolving Centralised Network Strategic Plan) has been amended to 'improve clarity', refer to the interaction with the SSEP (the also evolving Strategic Spatial Energy Plan) and the ETDP (yet another emerging document, the Electricity Transmission Design Principles).

Finally, the response addresses 'concerns that have been raised to the effect that recent NSIP applications have been decided on grounds not relevant to planning'.

The three updated NPSs will sit in Parliament for at least 21 sitting days, before eventually being 'designated', i.e. in force, whereupon they will be the ones against which DCO applications will be made going forwards. If past experience is anything to go by, applicants for applications already made but not decided once the new NPSs come into force are likely to be asked if the changes have any effect on them.

Fare Thee Well Northumberland

Previously reported, the A1 Morpeth to Ellingham DCO – made in May 2024 after one of the longest ever delays (a three-and-a-half year decision stage) – was due to be revoked. Well now it has been, by this revocation order – the first ever. The number of made DCOs therefore goes down by one from 162 to 161.

It won't be alone for long; the government is now taking steps to revoke the A303 Amesbury to Berwick Down (i.e. Stonehenge tunnel) DCO, by launching a consultation accompanied by a draft revocation order. The consultation runs until 21 November.

Waterloo Sunset

The government is proposing to make it easier to build houses near (train and tram) stations – see this press release issued on 18 November. Reading between the lines, the proposals appear to be:

• local planning authorities to have to notify the government if they are about to refuse a development of over 150 dwellings, with the secretary of state being able to take over without having to have an inquiry
• this will include land in the green belt
• to qualify, developments will have minimum densities
• a consultation on removing Sport England, the Gardens Trust and the Theatres Trust from the statutory consultee list

These will be given effect by a revised National Planning Policy Framework – to be consulted upon ‘later this year’, although there isn’t much of this year left.

Bills, Bills, Bills

Finally, the Planning and Infrastructure Bill is going through its final stages in Parliament. The latest is that on Monday 24 November, the House of Lords will consider the changes to and reject of their amendments by the House of Commons. Only ten amendments remain in play. The Commons has disagreed to eight outright and has suggested amendments to the other two. The list of amendments and reasons for disagreement or amendment can be found here.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at November 2025. Specific advice should be sought for specific cases. For more information see our terms & conditions.

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