NSIPs Action Plan: Proposed planning overhaul

What problems does the NSIPs action plan seek to solve?

Since the NSIPs regime was introduced thirteen years ago, national and international factors influencing the UK’s infrastructure development agenda have changed.  Since that time, the concept of ‘Net Zero’ has moved from academic science to mainstream policy.  Russia’s invasion of Ukraine has highlighted the importance of energy security and resilience.  Political, economic and consumer-conscience drivers have significantly altered the nature and extent of infrastructure demand within the UK.  Technology and innovation are prompting unprecedented schemes, many of which have cumulative impacts and require new strategic solutions. So, the number, variety and complexity of NSIPs projects coming to fruition is increasing. All of that is contributing to a slowing of the consenting process, and at a time when the opposite is needed.  There are also concerns that the NSIPs process, which is underpinned by the national policy statements (NPS) system, is simply not dynamic enough to cater for today’s fast-moving and ever-changing regulatory environment. The government’s NSIPs action plan seeks to address these issues.

What does the NSIPs action plan propose?

The NSIPs action plan proposes several cross-departmental actions which the government is taking and will take in an attempt to effect meaningful change. The proposed actions are summarised below.

NSIPs action plan: WM insight

Although many of the proposed reforms are not new, project promoters will welcome them all being brought together in a single action plan to more clearly say what improvements will be made, when they will be made and how they will be funded. However, developers of complex projects, such as offshore wind and transmission networks, may be dismayed that the action plan doesn’t offer potential solutions to the strategic challenges facing their sectors.

The future for NSIPs: How WM can help

Change to the NSIPs regime is needed, and is coming. If the UK government’s aims of updating, streamlining and improving the regime, including reviewing underlying NSPs and overhauling the process for their more regular review, infrastructure developers could start to benefit from positive changes and efficiencies. Proposed actions under the NSIPs plan are wide-ranging and cross-departmental. They will impact different roles within, and various aspects of, infrastructure development in different ways.

Walker Morris’ specialist Planning & Environment and Infrastructure & Energy lawyers can help businesses to successfully navigate, and to capitalise upon, the various NSIPs changes on the horizon. We can work seamlessly across the relevant legal disciplines and affected sectors to help businesses working in the infrastructure development environment in a variety of ways. We can assist in an advisory capacity, keeping clients fully informed as to legal/regulatory changes and requirements. We can undertake contract- and policy/procedure- reviews to highlight where new terms or approaches might be preferable or needed. Where necessary, we can help with contractual negotiations and with drafting new contractual arrangements or variations as required. If/when complaints or queries do arise, we can provide strategic and dispute resolution advice and we can guide businesses through any investigations or complaints-handling processes. In addition, we can support development clients from cradle to grave, offering strategic, risk management, practical and transactional advice in relation to all aspects of infrastructure projects and real estate/planning transactions.

For tailored advice in connection with any development projects, or any planning proposals or concerns, please contact Richard Sagar, Chris Slater or Ben Sheppard, or any member of the Planning & Environment and Infrastructure & Energy teams.