The National Infrastructure Commission (NIC) believes that the Government should introduce legislation that means national planning policy statements are reviewed every five years. Its recommendations were published in a report - Delivering net zero, climate resilience and growth: Improving nationally significant infrastructure planning - which was commissioned by Chancellor Jeremy Hunt in February 2023.
National policy statements are produced by the Government and set out their objectives for the development of nationally significant infrastructure. They currently cover energy, transport, and water resources and, amongst other things, set out how these development objectives will contribute to sustainable development. They also form the primary basis for decisions made by the Infrastructure Planning Commission when considering applications for Nationally Significant Infrastructure Projects (NSIPs).
However, the NIC's report suggests some changes that could be made to the system, including by requiring a statutory review every five years beginning in 2025. It explains that the statements should include clear tests, refer to spatial plans and set out timelines and standards for pre-application consultation. It also argues that legislation should be amended in order to being onshore wind back within the scope of the NSIP system.
Regarding the recommendation for regular reviews, the NIC argues that the NSIP system, established by the Planning Act 2008, has become too slow partly due to the lack of regular updates to policy. The system was established so that important infrastructure developments could be balanced on the basis of clear policy guidance from the Government.
However, the report argues that, "since 2012 consenting times have increased by 65 per cent, moving from 2.6 to 4.2 years, and the rate of judicial review has spiked in recent years to 58 per cent from a long term average of ten per cent. The system has in part decelerated because National Policy Statements have not been updated since they were first issued and have not been supported by clear supplementary guidance. As a result, the role of the Planning Inspectorate has shifted from that of inquisitor to that of arbiter, having to determine the meaning of old and sometimes subjective guidance."
It continues "Without clear and up to date statements of need for infrastructure, policy questions are being debated at planning examinations, lengthening timeframes. Inefficiencies and uncertainties in the system’s approach to the environment have also slowed down consent times and reduced the quality of outcomes."
Should the Government adapt the recommendations of the report, the NIC argues that consent for NSIPs could be given within two-and-a-half years; currently the average decision time on such applications is just over four years.
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