- BY Kevin Barry BSc(Hons) MRICS
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Summary of the UK Planning & Infrastructure Bill (In Progress)
The UK Planning & Infrastructure Bill is a wide-ranging legislative proposal designed to modernise, streamline, and centralise the processes by which large-scale infrastructure, development, and environmental projects are planned, approved, and delivered across the UK. It updates key elements of the Planning Act 2008, Energy Act 2023, and associated legislation, with the aim of accelerating infrastructure delivery while integrating environmental recovery and sustainability principles.
1. Core Objectives
The Bill focuses on:
- Speeding up approvals for nationally significant infrastructure projects (NSIPs).
- Integrating planning, energy, and environmental regulations under a more cohesive national policy.
- Empowering central government and agencies such as Natural England to undertake development and conservation measures more efficiently.
- Strengthening powers of entry, survey, and land acquisition for public authorities in support of infrastructure delivery and environmental restoration.
- Promoting sustainable development and climate adaptation in all planning decisions.
2. Key Provisions
Part 1 – Infrastructure
- Amends the Planning Act 2008 to mandate reviews of national policy statements at least every five years.
- Simplifies procedures for altering or revoking development consent orders.
- Limits judicial reviews on planning decisions deemed “totally without merit.”
- Grants authorities power to enter and survey land (including by warrant) for preparatory works.
- Updates electricity network laws to improve connection management to the national grid, giving the Independent System Operator and Planner (ISOP) new oversight functions.
- Revises Transport and Works Act 1992 timelines, setting deadlines for decision-making on rail, road, and port schemes.
Part 2 – Development and Nature Recovery
- Establishes a framework for Environmental Delivery Plans (EDPs), which integrate biodiversity recovery with development.
- Allows Natural England and the Secretary of State to license and enforce conservation measures.
- Provides mechanisms for compulsory acquisition of land and rights, with compensation governed by the Land Compensation Act 1961.
- Sets out offences for obstructing officials, disclosing confidential information, or failing to comply with remedial action directives.
Part 3 – Development Corporations
- Expands the powers of Urban Development Corporations, Mayoral Development Corporations, and New Towns Development Corporations.
- Requires such bodies to aim toward sustainable development, climate change mitigation, and good design in all projects.
- Grants new authority to acquire, manage, and dispose of land, carry out infrastructure works, and promote regeneration.
3. Environmental Integration
The Bill ties planning decisions directly to environmental law reforms. Amendments to the Wildlife and Countryside Act 1981, Habitats Regulations 2017, and Environmental Assessment Regulations 2004 exempt certain conservation activities from repetitive assessment, provided they form part of an approved EDP.
4. Enforcement and Offences
The Bill introduces penalties for obstruction, misuse of information, or failure to comply with environmental or entry powers. Convictions can result in fines or up to two years’ imprisonment.
Applicability to Northern Ireland
The Bill does not generally apply to Northern Ireland, except in limited, reserved areas (notably UK-wide energy infrastructure and cross-border environmental policy).
Most sections explicitly apply to England and Wales, with modifications for Scotland, and exclusions for Northern Ireland departments. For example:
- Section 96A(2) of the amended Planning Act 2008 excludes Northern Ireland public authorities from certain consultation duties.
- Part 3 (Development and Nature Recovery) and Part 4 (Development Corporations) apply only in England.
Therefore, planning and environmental provisions in Northern Ireland remain under devolved competence, governed by the Planning Act (NI) 2011, and DAERA environmental frameworks, unless explicitly extended through separate Northern Ireland Assembly legislation.
In summary:
The Bill centralises national infrastructure decision-making for England and reserved UK sectors, embedding climate and nature recovery into planning law. It strengthens state powers for land access, project consent, and environmental enforcement—but it does not apply in Northern Ireland, where planning remains a devolved matter.