Infrastructure Planning Blog

33: Happy New Year!

The first entry of 2026 covers the latest on the Planning and Infrastructure Act 2025, the revised energy national policy statement (NPS) designations and some other planning news (including things to look out for in 2026).

Last year’s news

If in the pre-Christmas melee you lost track a bit, here is where things now stand with the Planning and Infrastructure Act 2025.

The Act received Royal Assent on 18 December 2025. Very soon thereafter, the first commencement regulations were made (see here). This is the position as far as commencement of Chapter 1, which relates to Nationally Significant Infrastructure Projects (NSIP), is concerned:

NSIP Table (Colours Removed)

Chapter	Provision of 2025 Act	Coming into force
Nationally Significant Infrastructure Projects	Section 1 (requires a mandatory review of NPSs at least once every five years)	18 February 2026 (see reg 4 of the commencement regs)
	Section 2 (streamlines parliamentary process for certain amendments to NPSs)	18 December 2025 (see reg 4 of the commencement regs)
	Section 3 (broadens definition of who can promote a water NSIP)	18 December 2025 (see s118(1)(b) of the Act)
	Section 4 (allows SoS to give a direction disapplying requirement for development consent)	TBC
	Section 5 (removes pre-application consultation requirements)	TBC
	Section 6 (consequential changes to PA2008 as a result of removal of pre-application consultation requirements)	TBC
	Section 7 (amends acceptance test to be applied by SoS on receipt of DCO application)	TBC
	Section 8 (requires local authorities to have regard to any relevant guidance issued by SoS when preparing a local impact report)	TBC
	Section 9 (requires ExA’s decision on how to examine an application to be made in light of the initial assessment of issues)	TBC
	Section 10 (allows ExA to make orders about costs in relation to an application)	18 February 2026 (see s118(1)(d) of the Act)
	Section 11 (amends process for obtaining access to land for surveys under s53 PA2008)	TBC
	Section 12 (streamlines process for modifying or revoking DCOs, removing provisions for non-material changes)	TBC
	Section 13 (limits ability to pursue legal challenge for claims deemed totally without merit)	18 February 2026 (see reg 4 of the commencement regs) although the Civil Procedure Rules Practice Direction 54D (here) has already been amended (with effect from 1 October 2025), in particular to abolish the previous stage of a permission decision in relation to NSIP challenges being made on the basis of the papers submitted by the parties. Now, disputed questions of permission in NSIP challenges must be considered at an oral permission hearing only.

Elsewhere, some of the 2025 Act provisions relating to Environmental Delivery Plans (EDPs) and the Nature Restoration Levy also came into force on 19 December 2025, with (substantially) the rest to follow on 18 February 2026.

Natural England wrote to the SoS on 19 December 2025 (see here), saying it has decided to prepare 23 EDPs in England, 16 for nutrient pollution from development affecting protected sites (these are the sites listed in Annex A of the letter) and seven for great crested newts for development where GCN are materially present. However, it will only consult on and make EDPs for nutrient pollution initially, so these will be a test case before any others come forward.

Updated NPSs

New versions of NPS EN-1 (the overarching NPS for energy), EN-3 (renewable energy infrastructure) and EN-5 (electricity networks infrastructure) were designated earlier this week and can be found here. Whilst they only came into force on 6 January, they are dated December 2025 so should be referred to as the December 2025 versions.

In blog 28 (here), Angus summarised the differences between the old (November 2023) and new versions. Here it is again to save you clicking:

• 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

Look ahead

We were due the first decision of 2026 today on the Dogger Bank South East and Dogger Bank South West offshore wind farm. However, the SoS (see here) has extended the deadline to 30 April 2026, to allow time to request further information. In the SoS’ consultation letter dated 6 November 2025 (here), there were quite a few requests for information in relation to the project’s habitats regulation assessment and wake effects, so presumably that’s what the extension relates to and more questions will follow in due course.

This means the next DCO decision due is the North Falls Offshore Wind Farm project on 28 January 2026, although I note there is an ongoing consultation for which responses are due on 21 January 2026, so we can possibly expect a delay to that one too. After that, it’s the A46 Coventry Junctions (Walsgrave), due on 7 February 2026, followed by Fenwick Solar Farm on 18 February 2026.

Other things to look out for in 2026 include:

• consultation on the draft Airports National Policy Statement, due in summer 2026. The ANPS review process will extend into 2027 (the Government has set itself a target of 18 months) but will surely be subject to legal challenge following designation (given the extent of litigation which followed designation of the 2018 version);

• some outstanding legal challenges due to be determined by the High Court, which include two claims for judicial review of the Gatwick Northern Runway Project, a claim for judicial review of the Stonestreet Green Solar Farm and a claim in respect of the Cory Decarbonisation Project;

• new best practice guidance on pre-application consultation, reflecting the near abolition of statutory consultation under the Planning and Infrastructure Act 2025, due to be published earlier this year following the consultation last year (here);

• the implementation plan for the Nuclear Regulatory Taskforce, following the Prime Minister’s acceptance of the recommendations (see here for a summary).

• ongoing implementation of the Planning and Infrastructure Act 2025.

Crazy in Love with the NPPF

Planning Resource carried the story this week that Beyoncé and Jay-Z are seeking to use the “rich person loophole” in the National Planning Policy Framework to obtain planning permission for the construction of a home on a 58-acre plot near the village of Wigginton in Oxfordshire (apparently, it would be partially suspended on a man-made lake).

The loophole in question is para 84(e) of the NPPF, which says that planning decisions should avoid development of isolated homes in the countryside unless the design is of exceptional quality, in that it is (a) truly outstanding, reflecting the highest standards in architecture … or (b) would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area. Who Runs the World?

Christmas competition

And finally it is time for the results of the blog's Christmas champagne (voucher) competition.

The answer was derived as follows. The anagram answers were:

- Gabrielle -> Abergelli

- Repartee -> Peartree

- Senhora -> Hornsea

- Eros -> Rose

- Route -> Outer

- Gorged -> Dogger

- Telechirs -> Ilchester

- Seediest -> Teesside

- Atones -> Easton

- Wellspring -> Springwell

The initials of those spell 'Aphrodites' which in turn is an anagram of Portishead, which was the answer we were looking for.

The sender of a correct answer that was pulled from the virtual hat was…Douglas Johnson of SEC Newgate - congratulations to him and thank you to everyone for entering.

Welsh Infrastructure Act webinar

Finally, if you have not already, please do sign up for our Welsh Infrastructure Act webinar, which we are running on Wednesday 21 January 2026. The link is here.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at January 2026. Specific advice should be sought for specific cases. For more information see our terms & conditions.

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