Modernisation of the planning system

A key aspect of the Bill looks at reducing inefficiencies in the planning system with the introduction of new mechanisms to unlock development potential across England.  Key changes include:

• Delegation scheme: A national framework determines which applications are decided by Council planning officers versus planning committees.
• Mandatory member training: Council planning committee members will be required to complete certified training and obtain a certificate before exercising planning functions.
• Local planning fees: Local planning authorities to be able to set their own fees for planning applications, provided they are reinvested in planning services.
• Committee composition controls: New rules aim to streamline decision-making and reduce inefficiencies caused by large and unwieldly Council planning committees.

Nationally Significant Infrastructure Projects (NSIP)

The Bill proposes major changes to the NSIP regime which include:

• Streamlined consultation: The removal of statutory requirement to consult as part of pre-application stage allows for greater speed in the delivery of critical infrastructure projects.
• Re-assessment of national policy statements: National policy statements, which are used to assess NSIPs, will be required to be reviewed at least every five years, as well as the introduction of a streamlined reflective amendment procedure to ensure they remain reflective of legislation, policy and case law.
• Judicial review reform: The paper permission stage for judicial reviews of Development Consent Orders and National Policy Statements is removed. Instead, claims seeking permission will go straight to an oral hearing. Appeals for cases deemed “totally without merit” can be deprived of the right to appeal to a higher court. This aims to reduce delays and costs from legal challenges lacking merit.

Spatial Development Strategies (SDSs)

Strategic Planning Authorities will be tasked with preparing SDSs, which will set out planning policies for areas identified as having strategic significance. Once formally adopted, an SDS will form part of the statutory development plan and carry legal weight in planning decisions – so you need to stay informed about SDSs in your region.

Further detail will be introduced through regulations.

Part III of the Bill – Environmental Delivery Plans (EDPs) and Nature Restoration Fund (NRF)

Part III of the Bill represents key changes in the provision for developers to contribute to a Nature Restoration Fund. This makes sure you provide compensation for any negative environmental impacts caused by your development.

Additionally, Natural England will be responsible for preparing EDPs, looking at conservation measures that are to be taken by or on behalf of Natural England; as well as the amount of nature restoration levy payable; environmental obligations in relation to development that are discharged, disapplied or otherwise modified and environmental features that are likely to be negatively affected by development.

Key aspects of EDPs and the NRF to help discharge environmental obligations include:

• You may contribute to EDPs instead of undertaking site-specific mitigation.
• Your EDP must show that environmental benefits outweigh development impacts (“Overall Improvement” Test).
• Natural England must consider the best available scientific evidence, while ensuring your EDP is drafted in line with existing strategies, followed by public consultation.

Whilst this approach demonstrates a desire to unlock housing while strengthening biodiversity, critics may point to the robustness of EDPs and the impact they may have on existing environmental protections regimes.

Case law impact on the Bill

Recent House of Lords discussions have focused on Clause 90 and Schedule 6 of the Bill, which seeks to apply a level of protection to Ramsar sites that aligns with that in the EU-derived Habitats Regulations. This follows the Supreme Court’s decision in CG Fry, which ruled that Ramsar sites are not subject to the same legal obligations as Special Protection Areas or Special Areas of Conservation.

Clause 90 has drawn criticism for potentially reintroducing unnecessary regulation, though supporters argue it is essential to uphold international commitments and environmental integrity. On day 5 of the Report Stage, a vote was undertaken in the Lords for the amendment of the Clause, it was not passed. [1]

The case of Hillside Parks Ltd has also contributed to some debate – in that judgement it was held that subsequent development, pursuant to planning permission that was materially inconsistent with a development authorised by an earlier planning permission, has the effect of invalidating the ability to carry out any remaining development under the terms of that earlier planning permission.

This has attracted recent commentary in the Lords, with Baroness Scott and Lord Banner raising concerns on day 5 of the Report Stage. Essentially, the Lords’ debate acknowledged the issues caused by Hillside, but no amendment to the Bill was passed in relation to such issues. The Government may consider a future legislative fix.

Report stage amendments[2]

During the Report Stage in October/ early November at the House of Lords, several amendments were voted on and made to the Bill, which you should be aware of:

Urban development and environment

• The prioritisation of brownfield sites, urban densification and sustainable mixed communities.
• Protection for buildings designated as assets of community value.
• Enhancements for chalk stream environments.

Accessibility and infrastructure

• Regulations to improve disabled people’s access to public charging or refuelling points.
• Deregulation of low hazard reservoirs.
• Consent regimes for heritage sites on the construction of new reservoirs.
• Oversight of water projects involving potential village demolition.

Furthermore, an environmental impact identified in an EDP is now limited to issues affecting nutrient neutrality, water quality, water resources or air quality.

Current status and final thoughts

The Bill now awaits Lords’ consideration of the Commons’ amendments before Royal Assent. Assuming the Bill does ultimately receive Royal Assent, its success will depend on how effectively you implement these changes, engage with stakeholders and work with local authorities to adapt.

As we approach 2026, the introduction of these reforms will be closely watched by developers, planners and environmental groups alike.

How can we support you?

If you need support navigating the changes introduced by the Planning and Infrastructure Bill or have any questions, please contact Josh Fraser.

[1] Planning and Infrastructure Bill – Hansard – UK Parliament – column 1720-1722
[2] Planning and Infrastructure Bill Report stage – Parliamentary Bills – UK Parliament