The following is published by government to provide guidance on a range of matters relating to the Planning Act 2008 process.
Guidance on procedural requirements for major infrastructure projects
(Published by the Ministry of Housing, Communities and Local Government, December 2020)
Guidance on certain consultation and publicity requirements of the Nationally Significant Infrastructure Project regime.
Planning Act 2008: The Infrastructure Planning (Fees) Regulations 2010 – Guidance
(Published by the Ministry of Housing, Communities and Local Government, May 2019)
Non-statutory guidance to aid interpretation of The Infrastructure Planning (Fees) Regulations 2010 and also to provide worked examples of how the fees work in practice.
Planning Act 2008: guidance on nationally significant infrastructure projects and housing
(Published by the former Department for Communities and Local Government, March 2017)
This guidance covers changes to the Planning Act 2008 (PA2008) made by section 160 of the Housing and Planning Act 2016. The changes allow development consent to be obtained for housing which is related to a Nationally Significant Infrastructure Project under the PA2008.
Planning Act 2008: guidance on changes to Development Consent Orders
(Published by the former Department for Communities and Local Government, December 2015)
This guidance explains the procedures set out in Regulations for making changes to Development Consent Orders (DCO) for Nationally Significant Infrastructure Projects under the Planning Act 2008.
It covers the two types of change that may be made to a DCO (non-material or material) and the procedures for making such changes.
Planning Act 2008: guidance on the Pre-application process
(Published by the former Department for Communities and Local Government, March 2015)
This guidance sets out the requirements and procedures for the Pre-application process and consultation for Nationally Significant Infrastructure Projects. This document incorporates and replaces earlier guidance from the ‘Planning Act 2008: Guidance for local authorities’ (published by the Department for Communities and Local Government, March 2010) that has now been withdrawn.
Planning Act 2008: examination of applications for development consent
(published by the former Department for Communities and Local Government, March 2015).
This guidance is provided to ensure consistent application of examination procedures, and to promote fairness, transparency and proportionality. It also sets out the criteria which the Secretary of State will apply when deciding on the examination process for a specific application.
Planning Act 2008: guidance related to procedures for the compulsory acquisition of land
(published by the former Department for Communities and Local Government, September 2013).
This guidance is designed to assist those intending to make an application for a Development Consent Order under the Planning Act 2008 (PA2008) where their application seeks authorisation for the Compulsory Acquisition of land or rights over land. Its aim is to help applicants understand the powers contained in the PA2008, and how they can be used to best effect.
Awards of costs: examinations of applications for development consent orders
(published by the former Department for Communities and Local Government, July 2013)
This guidance sets out general principles for awards of costs in relation to the examination of applications for orders granting development consent under the Planning Act 2008.
Planning Act 2008: associated development applications for major infrastructure projects
(published by the former Department for Communities and Local Government, April 2013).
This guidance is designed to help those who intend to make an application for development consent under the Planning Act 2008 to determine how the provisions in respect of Associated Development apply to their proposals.
Planning Act 2008: Nationally significant infrastructure projects – Application form guidance
(published by the former Department for Communities and Local Government, June 2013)
Provides detailed guidance on how applicants should fill out and complete the application form for a Development Consent Order.
Post-application changes
(received by the former Infrastructure Planning Commission, November 2011)
The former Department for Communities and Local Government confirmed that it did not plan to make further Regulations under section 114(2) of the Planning Act 2008. The Minister wrote to the Chair of the former Infrastructure Planning Commission in connection with post-application changes, and his letter can be read here.
Trans-European Energy Networks (TEN-E)
This Manual of Procedures produced by the former Department of Energy and Climate Change sets out practical guidance for TEN-E Projects of Common Interest (PCI) promoters (applicants/ developers) and the general public who wish to understand the process for determining consents for PCIs.
Clarification letters regarding Compulsory Acquisition
Clarification letters regarding Compulsory Acquisition of open space
Correspondence with the former Department for Communities and Local Government on how the Growth and Infrastructure Act 2013 amended the Planning Act 2008 with regards to sections 131 and 132 (Compulsory Acquisition of open space).
Clarification letters regarding Compulsory Acquisition of common land
Correspondence with the Department for Environment, Foods and Rural Affairs on how the Growth and Infrastructure Act 2013 amended the Planning Act 2008 with regards to sections 131 and 132 (Compulsory Acquisition of common land).
Clarification letter regarding handling of transport Development Consent Orders that include energy elements above the Planning Act 2008 threshold
Clarification letter regarding handling of transport DCOs including energy NSIP elements
Correspondence from the Department for Transport and the Department for Business, Energy and Industrial Strategy confirming the decision making process for Development Consent Orders that include transport and energy elements that are both Nationally Significant Infrastructure Projects in their own right.
Advisory letter regarding water preferred policy guidelines for the movement of abnormal loads
Advisory letter regarding water preferred policy guidelines for the movement of abnormal loads
Correspondence from the Department for Transport drawing attention to the policy position for the movement of abnormal indivisible loads by water, and the advisory role of Highways England.
Nationally Significant Infrastructure Projects regime: operational review
Minister of State for Housing Christopher Pincher MP is launching an operational review of the NSIP regime as part of a speech at the National Infrastructure Planning Association (NIPA) summer conference on 7 July 2021.
The operational review forms part of the National Infrastructure Planning Reform Programme. In advance of his speech, Minister Pincher wrote a letter to NIPA members introducing the reform programme and setting out how important it will be for all those who use or interact with the NSIP regime to work together to make the operational review a success.
See the Annex to the Minister’s letter for further details of the National Infrastructure Planning Reform Programme and a road map of reforms.
