Guidance

Nationally Significant Infrastructure Projects: development consent legislation

Information on the legislation around the Nationally Significant Infrastructure Projects: development consent process

Applies to England and Wales

皇冠体育app domestic legislation that governs the Planning Act 2008 process can be viewed at听. It includes:

  • Primary legislation听鈥� including the Planning Act 2008 and the subsequent Acts of Parliament that have amended its content, such as 皇冠体育app Localism Act 2011
  • Secondary legislation 鈥撎齊ules, Regulations and Commencement Orders etc

European legislation听affecting the Planning Act 2008 can be viewed at听.

Important notice to users of听: Where new legislation has the effect of amending or repealing provisions in extant legislation, there may be some significant delay between the coming into force of the new affecting legislation and the affected provisions being updated in the amended legislation. To understand whether the legislation you are viewing is up to date or if there are changes (such as effects or amendments) that have not yet been applied to it please ensure you follow the most recent advice听听on legislation.co.uk. Alternatively you may wish to refer to a commercial service that promptly provides updates to affected legislation with all amendments incorporated.听听听

Primary legislation

听(received Royal Assent 26 November 2008)

皇冠体育app primary legislation which established the legal framework for applying for, examining and determining applications for Nationally Significant Infrastructure Projects; taking into account the National Policy Statements.

As amended by the:

  • Marine and Coastal Access Act 2009
  • the Localism Act 2011
  • the Growth and Infrastructure Act 2013
  • the Infrastructure Act 2015
  • the Housing and Planning Act 2016 and the Wales Act 2017
  • the Levelling-up and Regeneration Act 2023

听(received Royal Assent 12 November 2009)

皇冠体育app primary legislation which, amongst other matters, amends certain provisions of the Planning Act 2008 including sections 42 and 104. It also repeals sections 148 and 149 and inserts a new section 149A.

听(received Royal Assent 15 November 2011)

皇冠体育app Localism Act 2011 abolished the Infrastructure Planning Commission (IPC) and transferred the decision-making powers of the IPC to the Secretary of State. 皇冠体育app Localism Act also makes a number of amendments to the Planning Act 2008 which have the effect of altering some aspects of the procedure for seeking development consent for Nationally Significant Infrastructure Projects.

听(received Royal Assent 25 April 2013)

皇冠体育app Growth and Infrastructure Act 2013听makes provision, amongst other things, in connection with facilitating or controlling the provision or use of infrastructure, the carrying-out of development and the Compulsory Acquisition of land and rights.

听(received Royal Assent 12 February 2015)

皇冠体育app Infrastructure Act 2015 makes provision, amongst other things, to change the timing of the appointment of the Examining Authority, provides for two-person Panels and amends the process for changes to, and revocation of, Development Consent Orders.

听(received Royal Assent 12 May 2016)

皇冠体育app Housing and Planning Act 2016 makes provision about housing, estate agents, rent charges, planning and compulsory purchase. Section 160 of the Housing and Planning Act amends s115 of the Planning Act 2008 to allow an element of housing to be included as part of the development for which development consent may be granted.

听(received Royal Assent 31 January 2017)

皇冠体育app Wales Act 2017 amends the Government of Wales Act 2006 by moving to a reserved powers model for Wales. 皇冠体育app Wales Act devolves powers to the Welsh Government for areas including consenting for new energy projects, fracking, marine licensing and harbours. 皇冠体育app effect of these provisions is to disapply the Secretary of State鈥檚 power under the Planning Act 2008 to grant development consent for all electricity generating stations in Wales and in Welsh territorial waters insofar as such projects (not including onshore wind powered generating stations) do not exceed a capacity of 350MW; and for all onshore wind powered generating stations. It also allows for certain 鈥楢ssociated Development鈥� in Wales to be consented under the Planning Act 2008.

(received Royal Assent on 26 October 2023)

皇冠体育app Levelling-up and Regeneration Act 2023 makes provision, amongst other things, to:

  • enable regulations to set fees for certain services in relation to Nationally Significant Infrastructure Projects (s126)
  • provide the Secretary of State the power to shorten the deadline for examination of development consent order applications (s127)
  • enable the Secretary of State to make provisions in relation to non-material changes to development consent orders (s128)

Secondary legislation

Secondary legislation governing the Planning Act 2008 process can be viewed at听.

Where secondary legislation is referred to in听government guidance about the Planning Act 2008 process, or in听the Planning Inspectorate鈥檚 suite of advice notes, a direct link to the relevant instrument on听听is usually provided.

Some of the instruments most commonly referred to in the above advice and guidance are:

  • , as amended by
  • , as amended by
  • , as amended by
  • , as amended by

This is not an exhaustive list of the secondary legislation governing the Planning Act 2008 process. See听听for the full suite of instruments.

Updates to this page

Published 1 January 2012

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