A radical evolution: the Planning and Infrastructure Bill

The Planning and Infrastructure Bill has now been published. Rather than creating an entirely new planning system – which could lead to more uncertainty and delays – the government has opted for what the housing minister has described as a 'radical evolution' of the current system.

Infrastructure

One of the aims of the Bill is to tackle the delays in delivering major infrastructure schemes – a challenge that must be addressed if the government is going to achieve its target of delivering 150 Nationally Significant Infrastructure Projects (NSIPs) in this Parliament. The intention is to reduce the time it takes to approve NSIPs, which has increased from 2.6 years in 2012 to 4.2 years in 2021. Measures to achieve this include streamlining the consultation process and reducing the opportunities to pursue High Court challenges to schemes. So-called 'meritless' cases will be allowed only one attempt, rather than three, to challenge a development consent decision. 

A key constraint when it comes to accelerating the consenting process will be resourcing. The ‘streamlined’ system will result in additional calls on the planning inspectorate. This will be at a time when PINs will be required to dedicate more time and resource to the local plan process, including supporting the new gateway assessment system that the government has recently committed to. 

Spatial planning

There is a welcome return of strategic planning in England.  The aim is for all of England to be covered by a strategic plan in the form of a Spatial Development Strategy (SDS) requiring authorities to work together to deliver housing and infrastructure at a 'wider than local' level. Once the SDS is adopted, it will become part of the development plan for the area and local plans will need to be in general conformity with it. 

To achieve full SDS coverage, it will be necessary to navigate the complex system of local government in England. SDSs will be produced by combined authorities (CAs) and combined county authorities (CCAs), both mayoral and non-mayoral. In the absence of a CA or CCA, upper tier county councils and unitary authorities will be required to deliver the SDS for their area. The Bill will include a power for the Secretary of State to direct groupings of upper-tier county councils, unitary councils, and, if appropriate, combined authorities to deliver an SDS. 

Nature Restoration Fund

Turning to nature recovery, the Bill signals a move away from a requirement for housing and infrastructure developers to secure site-specific environmental improvements to a system involving payments into a centralised Nature Restoration Fund. This will provide the funding for Natural England (or another designated delivery body) to bring forward Environmental Delivery Plans (EDPs), that will set out the strategic action to be taken to address the impact that development has on a protected site or species. Where an EDP is in place and a developer utilises it, there will be no need to deliver project-specific interventions. In addition to simplifying the consenting process, this approach offers the prospect of concentrating resources on strategic interventions and achieving greater efficiency. However, there will be a continued tension between balancing sustainable growth and facilitating nature recovery in what is one of the most nature depleted countries in the world.  

Local decision making

There are a number of ‘top down’ measures aimed at streamlining decision making at local authority level. These include the introduction of a national scheme of delegation mandating which types of applications should be determined by officers and which should go to a planning committee. Restrictions will also be imposed on the make-up of planning committees with “large and unwieldy committees” to be outlawed.  Mandatory training for planning committee members is to be introduced to ensure that decisions are informed by a proper understanding of planning law and policy (many authorities already require this before members can sit on committees). By way of contrast to a series of measures which could be seen as constraining local democracy, councils will be given the power to set their own planning fees. 

Development corporations

The government’s New Towns Task Force issued its interim update in February 2025. It is due to submit its final report to the Ministry of Housing, Communities & Local Government (MHCLG) in the summer. The report will include a list of potential locations for new towns, as well as broader recommendations on their funding and delivery. The Bill includes provisions aimed at supporting the delivery of new towns and other large-scale development by strengthening and updating the framework for development corporations. 

The most recent New Towns Act, dating back to 1981, inevitably fails to reflect important policy requirements that are now hard-wired into the planning system. The Bill addresses this by ensuring that all types of development corporation must aim to contribute to sustainable development and climate change mitigation and adaption. The Bill also standardises the list of infrastructure that development corporations can provide, adding heat networks to that list. 

Compulsory purchase

In line with earlier legislation, the Bill includes measures to fine tune the current Compulsory Purchase Order (CPO) process and amend land compensation rules. Procedural changes include allowing statutory notices to be delivered electronically, simplifying the information required to be included in newspaper notices, the delegation of decisions to Inspectors for New Towns Act 1981 CPOs and measures aimed at ensuring the vesting of land is brought forward more expeditiously. When it comes to CPO compensation, there are adjustments to the loss payments regime. The Bill also extends the recently introduced (and controversial) power to remove ‘hope value’ attributed to the prospect of planning permissions by direction to town/parish and community councils where they are using CPO powers to facilitate affordable or social housing provision. 

Final thoughts

In terms of omissions, the failure to include a comprehensive mechanism to achieve amendments to planning consents in the Bill could be seen as a missed opportunity. Key provisions also require secondary legislation, and it will be particularly interesting to see what approach is taken to limit the powers of local authority decision makers through the national scheme of delegation. 

Finally, along with the recent recasting of the National Planning Policy Framework (NPPF), the Bill’s key purpose is to speed up and streamline the delivery of new homes and critical infrastructure. Whether it proves effective in meeting the government’s ambitious targets will become clear in the coming years.