Planning and Infrastructure Act 2025: What developers need to know

The Planning and Infrastructure Act 2025 received Royal Assent on 18 December 2025. If you are developing nationally significant infrastructure projects, these changes will fundamentally reshape how you navigate the consenting process.

We have analysed the Act to identify what matters most for your projects and what you need to do next.

The headline changes for nationally significant infrastructure projects (NSIPs) are:

Statutory consultation is being abolished

The most significant change? You will no longer be obliged to carry out a ‘section 42 consultation’ with affected individuals and statutory bodies, or a community consultation. But you will still need to meet publicity requirements, including advertising in a national newspaper. And the Secretary of State will issue guidance about best practice at the pre-application stage. Whether this mirrors previous statutory obligations remains to be seen.

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You will be able to opt out of the DCO regime

Section 35 applications previously only allowed you to opt into the Development Consent Order regime. Now you will be able to apply to opt out if you can show the alternative consenting regime would be appropriate. The Secretary of State can even modify or dispense with parts of the alternative process. Applications must be made by the prospective DCO applicant, the Secretary of State or bodies with development order-making powers.

Non-material changes are going

The Act removes the distinction between material and non-material changes to granted DCOs, creating a single unified process. The government plans to amend this further through secondary legislation, so watch this space.

Getting onto land is getting easier

Forget the cumbersome section 53 process that hardly anyone used. The new provisions mirror the Housing and Planning Act 2016 approach: any authorised person can enter land for surveys, and if you meet resistance, you can seek a magistrates' court warrant.

What this means for your project timeline

Several provisions will affect a developer’s programme:

• The examining authority's initial assessment of principal issues now carries more weight throughout the examination.

• If your application is not accepted, the Secretary of State must publish reasons.

• Judicial review changes mean High Court judgments can declare challenges “totally without merit”, blocking Court of Appeal routes.

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Environmental Delivery Plans: a new way to offset impacts

Part 3 of the Act introduces Environmental Delivery Plans (EDPs) - a complex new mechanism allowing you to pay a 'nature restoration levy' rather than directly mitigating certain environmental impacts. Here's how it works:

Natural England produces EDPs covering specific geographical areas and development types. Each EDP identifies environmental features likely to be negatively affected, protection measures, the levy amount, and which environmental obligations are discharged if you pay.
For NSIPs, paying the levy means the corresponding environmental impact is ignored in protected species licensing regimes.

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Electricity infrastructure: community benefits and connection reforms

If you are developing electricity generation or transmission projects, sections 14-30 of the Act bring targeted changes:

The Secretary of State or Ofgem can amend electricity licences to improve connection management.
New community benefit payment schemes will apply to those living near existing or proposed transmission infrastructure.
Long duration electricity storage gets a new support scheme from Ofgem.

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Compulsory purchase: faster processes, rebalanced payments

The Act streamlines compulsory purchase procedures:

Electronic service of notices is now permitted (including via file sharing sites) if recipients agree in writing.
General vesting declarations can be expedited for unoccupied land - six weeks rather than three months.
Basic loss payments for non-occupying owners drop from 7.5%/£75,000 to 2.5%/£25,000, while occupier's loss payments increase from 2.5%/£25,000 to 7.5%/£75,000.

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When does the Act come into force?

The Act's provisions come into force at different times. Some took effect immediately on Royal Assent (18 December 2025), others will come into force in February 2026 and many await commencement orders to bring them into force.

What you should do now - our recommendations:

Review your pre-application strategy (if you are planning consultation next year): Without statutory consultation obligations, you will need to consider carefully what engagement is commercially and politically necessary versus what's legally required.
Monitor whether EDPs apply to your project: If Natural England produces an EDP covering your development type and location, understand whether paying the levy makes commercial sense.
Consider section 35 opt-out applications: For borderline NSIPs, evaluate whether an alternative regime might be faster or more appropriate.
Monitor secondary legislation: Many provisions require regulations before they take effect. We are tracking these developments for our clients.

The Planning and Infrastructure Act 2025 promises to accelerate infrastructure delivery. But as with any major reform, the devil is in the detail - and much of that detail is yet to come.

How we can help

Our Infrastructure team has been tracking this legislation throughout its parliamentary passage. We are advising clients on how these changes affect their projects and consenting strategies.

If you would like to discuss what the Act means for your development pipeline, get in touch.

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

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