Planning and Infrastructure Act 2025

Part 1 — Infrastructure

Chapter 1 — Nationally significant infrastructure projects

National policy statements: review

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• (1) Section 6 of the Planning Act 2008 (review) is amended as set out in subsections (2) to (5).

• (2) For subsection (1) substitute—

(1) The Secretary of State— (a) must review each national policy statement whenever the Secretary of State thinks it appropriate to do so, and (b) in any event, must carry out a full review of each national policy statement at times that enable the Secretary of State to comply with subsection (5A).

• (3) In subsection (2), at the end insert “, and in this section a “full review” means a single review relating to all of a national policy statement”.

• (4) After subsection (4) insert—

(4A) Whenever the Secretary of State decides to review a national policy statement, the Secretary of State must lay a statement before Parliament announcing the review.

• (5) After subsection (5) insert—

(5A) But, unless and until a statement’s designation as a national policy statement is withdrawn— (a) the Secretary of State must amend each national policy statement within the initial period (see section 6ZA), and (b) the Secretary of State must subsequently amend each national policy statement at intervals of no more than five years. (5B) An amendment of a national policy statement counts for the purposes of subsection (5A) only if the amendment arises from a full review of the statement. (5C) An amendment of a national policy statement that is required by subsection (5A) to be made by a certain time may be delayed beyond that time only if and for so long as exceptional circumstances exist which, in the opinion of the Secretary of State, make the delay unavoidable. (5D) In that case the Secretary of State must, before the deadline for amending the national policy statement, lay a statement before Parliament explaining the reasons for the extension and stating when the Secretary of State expects to amend the national policy statement.

• (6) After section 6 of the Planning Act 2008 insert—

(6ZA) (1) Subsections (2) to (5) explain what is meant by “the initial period” in section 6(5A)(a). (2) In the case of a national policy statement that is designated on or after the relevant date, the initial period is the period of five years beginning with the date of designation. (3) In the case of a national policy statement that— (a) was designated before the relevant date, and (b) was amended before the relevant date, the initial period is the period of five years beginning with the date of the amendment or, if an amendment was made on more than one occasion before the relevant date, the date of the latest such amendment. (4) In the case of a national policy statement that— (a) was designated within the period of five years ending with the relevant date, and (b) was not amended before the relevant date, the initial period is the period of five years beginning with the date of designation. (5) In the case of a national policy statement that— (a) was designated before the beginning of the period of five years ending with the relevant date, and (b) was not amended before the relevant date, the initial period is the period of two years beginning with the relevant date. (6) Section 6(5) applies in relation to a full review of a national policy statement within subsection (5) of this section carried out within the initial period as if the option in section 6(5)(c) (leave the statement as it is) was not available to the Secretary of State following that review. (7) In this section— - “full review” has the meaning given by section 6(2); - “the relevant date” means the date on which section 6(5A) comes into force.

National policy statements: parliamentary requirements

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• (1) Part 2 of the Planning Act 2008 (national policy statements) is amended as set out in subsections (2) and (3).

• (2) In section 6 (review)—

• (a) in subsection (7)(b)(i), omit “under section 9(8)”;

• (b) in subsection (7A), omit “under section 9(8)”;

• (c) after subsection (9) insert—

(10) In subsections (7)(b)(i) and (7A), references to an amendment being laid before Parliament are references to— (a) in the case of an amendment that is, or is included in, a proposal to which subsections (4) to (8) of section 9 do not apply (see section 9(8A)), the amendment being laid under section 9(2); (b) in any other case, the amendment being laid under section 9(8).

• (3) In section 9 (parliamentary requirements)—

• (a) after subsection (8) insert—

(8A) Subsections (4) to (8) do not apply in relation to the proposal if it— (a) is an amendment within subsection (11), or (b) consists only of amendments within that subsection.

• (b) in subsection (9)—

• (i) for “subsection (8)”, in each place, substitute “the laying requirement”;

• (ii) in paragraph (b), after “5(4)(a)” insert “or 6(7)(a)”;

• (c) in subsection (10), for “subsection (8)” substitute “the laying requirement”;

• (d) after subsection (10) insert—

(11) An amendment is within this subsection if it is an amendment proposed to a national policy statement in order to reflect— (a) published Government policy that is relevant to development of a description to which the statement relates, (b) the amendment, revocation or repeal of legislation referred to in the statement, or the amendment, revocation, repeal or coming into force of legislation relevant to development of a description to which the statement relates, (c) a change (not within paragraph (a) or (b)) to a published document referred to in the statement, or (d) a decision of a court in proceedings referred to in section 13 or 118, or other proceedings, so far as relevant to the interpretation of the statement or legislation referred to in the statement. (12) In subsection (11), “legislation” means an Act or an instrument made under an Act. (13) In this section, “the laying requirement” means— (a) if the proposal is one to which subsections (4) to (8) do not apply, subsection (2); (b) otherwise, subsection (8).

• (4) The amendments made by this section apply in relation to amendments proposed to be made to a national policy statement that arise from a review of the statement completed or begun before (as well as after) the date on which this section comes into force.

Projects relating to water

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• (1) Part 3 of the Planning Act 2008 (nationally significant infrastructure projects) is amended as set out in subsections (2) to (4).

• (2) In section 27 (dams and reservoirs)—

• (a) in subsection (1)(b), after “by” insert “, or by a person appointed by,”;

• (b) in subsection (2)(b), after “by” insert “, or by a person appointed by,”;

• (c) after subsection (3) insert—

(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

• (3) In section 28 (transfer of water resources)—

• (a) in subsection (1)(a), after “by” insert “, or by a person appointed by,”;

• (b) after subsection (2) insert—

(3) In this section, the reference to “a person appointed by” a water undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

• (4) In section 28A (desalination plants)—

• (a) in subsection (1)(b), after “by” insert “, or by a person appointed by,”;

• (b) in subsection (2)(b), after “by” insert , or by a person appointed by,”;

• (c) after subsection (3) insert—

(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

• (5) The amendments made by this section do not apply in relation to a project where, before the day on which this section comes into force—

• (a) consent for the project was required, or otherwise provided for, by or under an enactment other than section 31 of the Planning Act 2008 (requirement for development consent in relation to development that is or forms part of a nationally significant infrastructure project), and

• (b) any steps provided for by or under the enactment in question, to obtain that consent, had been taken.

• (6) In subsection (5), “consent” means any consent, approval, permission, authorisation, confirmation, direction or decision (however described, given or made).

Power to disapply requirement for development consent

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• (1) The Planning Act 2008 is amended as set out in subsections (2) to (4).

• (2) In section 31 (when development consent is required)—

• (a) the existing text becomes subsection (1);

• (b) after that subsection insert—

(2) But see section 35B (power for the Secretary of State to give a direction disapplying the requirement for development consent).

• (3) In section 35ZA (directions under section 35), after subsection (10) insert—

(10A) The Secretary of State must publish a direction under section 35(1) or subsection (3) of this section.

• (4) After section 35A insert—