Government to pilot fast-track consent for major schemes

The government has set out proposals to speed up the delivery of national infrastructure projects, including the introduction of “fast-track” consent for certain schemes.

In a policy paper published on Thursday (23 February), ministers said cross-departmental reform was needed to make the planning regime for major projects such as large offshore windfarms , “better, faster, greener, fairer and more resilient”.

At the heart of the proposals is a fast-track consent system under which applications that meet certain quality standards will benefit from a shorter decision-making process, including a reduced maximum examination period.

“The fast-track consenting process will aim to ensure a sustainable, targeted, timely, proportionate and issues-focused approach to pre-application engagement,” the paper said.

The government will consult on the proposal in spring, along with measures to streamline the examination process and to move towards full cost recovery – meaning infrastructure developers will pay for the inspection of their plans.

The current Nationally Significant Infrastructure Project (NSIP) arrangements have served the country well for more than a decade, the paper said, but demands on the system are changing, and its speed had slowed while the number and complexity of cases is increasing.

“Improving energy security, achieving net-zero and delivering the transport connectivity, water and waste-management facilities this country needs demands investment in infrastructure,” it said. “We must have a planning system fit to deliver it, while keeping communities and the environment at the heart of decision-making.”

The paper highlights challenges in the existing system, such as increases in the average time taken to reach a decision, the number of projects requiring multiple extensions of time at decision stage, and those subject to successful legal challenge.

It also draws attention to the rising volume of documentation created during the process, with some applications generating over 90,000 pages of documentation on the Planning Inspectorate website.

“This can slow down the decision-making process, making it less accessible to those seeking to engage, and does not guarantee better outcomes,” it said.

The NSIP process had successfully reduced the time taken for major infrastructure projects to achieve development consent to an average of around four years, the paper said, compared with the eight years it had taken to consent Heathrow Terminal 5 via a conventional planning inquiry.

“However, the system does not always move with the focus and speed we need [which] is particularly important as we face ever more urgent challenges on transport, energy security, water and wastewater, and climate change,” it concluded.

Jan Bessell, strategic planning expert at law firm Pinsent Masons, said the proposal was “one to watch”, since the current legislative framework already allows for shorter examinations that are “rarely delivered”.

“It will be interesting to see the quality thresholds that are established for this new fast-track route, and whether this can deliver wider benefits that do not just relate to shorter examination timescales,” she said. “At its best, the reform could deliver new focused quality applications with a high degree of collaboration and a more targeted and effective examination process.”

Pilots of key aspects of the reforms are expected to begin in September following the consultation period.

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Kerry Lorimer

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