Guidance

Planning Act 2008: Fast-track process for Nationally Significant Infrastructure Projects

Guidance on the fast-track process for Nationally Significant Infrastructure Projects.

• From: Department for Levelling Up, Housing and Communities
• Published: 30 April 2024

Applies to England

Fast-track route to consent

The purpose of this guidance

The purpose of this National Infrastructure Planning Guidance (“guidance”) is to explain how the fast-track route for Nationally Significant Infrastructure Projects (NSIPs) is intended to operate so that applicants and potential applicants can understand what is required of them in making the choice about whether to apply for the fast-track route.

This guidance is intended to supplement the guidance dealing with the pre-application, acceptance, pre-examination, and examination stages respectively, and must be read in conjunction with that wider guidance to gain a full understanding of the NSIP consenting process as a whole.

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What is fast-track?

Section 98(1) of the Planning Act 2008 (as amended) (“the Planning Act”) requires the Examining Authority to complete the examination of the application within 6 months beginning with the day after the Preliminary Meeting. The Examining Authority itself has the power therefore to set a shorter examination timetable than the maximum of 6 months if it considers this is achievable, and Examining Authorities have on occasions exercised this power. However, section 98(4A) of the Planning Act also provides that the Secretary of State may set a date for completion of the examination that is earlier than the statutory maximum, and this is the principal element underpinning the fast-track process. 

The arrangements introduced by amendments to secondary legislation and the revised National Infrastructure Planning Guidance should improve the performance of the NSIP process as a whole by much firmer emphasis on the standard of applications so that these are ready for examination.

It should also be possible to enable some well-prepared applications to proceed through the process from inception to the preliminary meeting at a faster pace. In turn, this should enable the examination to be shorter than the statutory maximum of 6 months, and consequently the reporting and decision-making stages could also be expected to be shorter than the statutory 3 months respectively. In total, these time savings could mean a ‘fast-track’ application proceeding though the stages from acceptance to decision in as little as 12 months.

In practice, the handling of requests for fast-track applications is delegated to the Planning Inspectorate, acting on behalf of the Secretary of State. The power under section 98(4A) of the Planning Act to set a shorter examination timeframe is therefore exercised by the Planning Inspectorate if they conclude an application is suitable for fast-track. This guidance establishes that the maximum timeframe for completion of a fast-track examination is 4 months.

In summary, fast-track projects will be delivered through:

• obligatory participation for applicants in the enhanced pre-application support service from the Planning Inspectorate;
• appropriate input from statutory consultees and key stakeholders during the preparation of an application;
• the submission of an application by the applicant meeting the fast-track quality standard, set by the Secretary of State in this guidance, governing entry into a fast-track examination;
• a decision by the Planning Inspectorate, on behalf of the Secretary of State, to set a maximum period for the examination of 4 months;
• the Examining Authority completing its reporting stage within 2 and a half months; and
• the relevant Secretary of State issuing a decision within 2 and a half months of receiving the Examining Authority’s recommendation.

Whether an applicant wishes to seek a fast-track route for a project under consideration is entirely the applicant’s choice, taking into account the additional requirements, including participation in the enhanced pre-application service. However, the precondition is that an application must meet the fast-track quality standard (as set out later in this guidance) such that there is both clarity about the issues for consideration during the examination and that these will be limited in number and straightforward in scope.

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What types of applications are suitable to enter the fast-track route?

In principle, any type of eligible application under the Planning Act can be considered for fast-track handling. The key determinants are:

• the requirement to meet the fast-track quality standard;
• the extent to which there is clarity about the issues for consideration;
• there is a strong prospect of resolution of these issues during a maximum 4-month examination;
• if compulsory acquisition powers are requested that any landowner objections are capable of resolution within a maximum 4-month examination;
• it is not expected that the application will need change requests or certainly none which could not be accommodated within the maximum 4-month examination; and
• that a relevant designated and up-to-date National Policy Statement(s) is in place.

How this judgement is made is covered below.

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What are the pre-application expectations for fast-track?

The expectation is that an applicant will wish to consider and propose a fast-track route at the commencement of the pre-application stage. It is highly unlikely that a proposed NSIP will proceed through the pre application stage and only be suggested as eligible for the fast-track route when it is submitted for acceptance.

An applicant will therefore be required to indicate in the Programme Document needed at the inception of an NSIP proposal (see guidance on pre-application) that they intend to apply for the fast-track programme. This means that local authorities, local communities and statutory consultees will be forewarned of the applicant’s intentions at the very beginning of the process. Applicants will need to be ready with sufficiently detailed consultation materials at the various milestones set out in the Programme Document.

The applicant’s Programme Document will need to set out the expectations of statutory consultees particularly so that they can confirm at an appropriate point early in the pre-application stage their ability to resource the fast-track proposal. Applicants considering fast-track should therefore undertake early engagement with statutory consultees and refer to guidance on cost recovery which provides detail on the prescribed statutory bodies that are able to recover the costs associated with their relevant services in relation to NSIPs.

The main matters that an applicant should cover during pre-application, in addition where necessary to the normal requirements for appropriate consultation set out in guidance on pre-application, are:

• a programme set out in the Programme Document for the preparation of the application to the point of submission, to include the applicant’s notification to request a shorter examination timetable within its section 42 and section 47 of the Planning Act statutory consultation materials;

• potential issues that will require early statutory consultee input, including a planned timetable for the preparation of Evidence Plans where appropriate;

• for relevant projects subject to the Habitats Regulations, the preparation of a shadow appropriate assessment (where appropriate), with evidence of it being based on advice from the relevant statutory nature conservation body;

• a clear statement of the intended design approach to the proposed NSIP, and an expectation that the level of detail to be provided as part of the application will be largely settled by submission of the application, with a consequential limited reliance on a parameters approach;

• a draft DCO including all Schedules and an Explanatory Memorandum (EM) for discussion well before the end of the pre-application stage; and

• details of any licencing requirements or non-planning consents not included in the DCO that are needed.

The time taken for the pre-application stage of a proposal that wishes to go down the  fast-track route will be proportionate to the complexity of the project. Applicants must ensure that the application when submitted for fast-track consideration is in the best possible shape, that all the issues are clearly and unequivocally identified, and the differing views of the parties involved are explained.   

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Is participation in the enhanced pre-application service from the Planning Inspectorate required?

A thorough and well-structured pre-application stage set out in the applicant’s Programme Document is an essential component of the fast-track process. Applicants who wish to apply for fast-track will be required therefore to take up the enhanced pre-application service offered by the Planning Inspectorate as detailed in guidance on pre-application, and the Planning Inspectorate’s Pre-application Prospectus (to be published Spring 2024). This commitment will need to be stated in the applicant’s Programme Document.

The Planning Inspectorate will assist the applicant in its identification of key issues likely to be the subject of consideration during the examination by offering without prejudice pre-application advice under section 51 of the Planning Act, and drawing particularly on the expertise of an Examining Inspector as part of the enhanced pre-application support service.

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What is the acceptance process for fast-track applications?

An application being put forward for development consent will need to pass the statutory acceptance requirements set out in legislation and detailed in the acceptance guidance. The additional requirement for an application seeking a fast-track route is to submit at the same time as the application itself a document (‘the fast-track admission document’) which explains how the applicant has met the fast-track quality standard.

This means that the acceptance decision will be taken in exactly the same way as with any other application for development consent, but that a separate parallel decision will also be taken as to whether the application is suitable for a fast-track programme. Both these decisions will be taken by the Planning Inspectorate on behalf of the Secretary of State, and consequently it will be possible for a decision to accept the application for development consent but refuse a request that it should proceed to a fast-track examination.

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What is the fast-track quality standard?

At the same time as the application is presented for acceptance, an applicant wishing to put a project forward for the fast-track route to consent will need to demonstrate to the satisfaction of the Planning Inspectorate in the fast-track admission document that their scheme meets the fast-track quality standard, comprising 3 tests:

Main test

1. Principal areas of disagreement – that the principal areas of disagreement between parties have been clearly articulated in the applicant’s fast-track admission document at the conclusion of the pre-application stage. This will allow the Planning Inspectorate to determine the likely complexity of the examination and the time needed to interrogate evidence on points of difference. The areas of disagreement must be such that the application is capable of being examined and/or disagreements being resolved in a maximum 4-month examination period. The inclusion of Principal Areas of Disagreement Summary Statements (PADSS), which set out what changes to the draft DCO the interested party is seeking, will help considerably in meeting this objective.

Supplementary tests

2. Procedure – that the applicant has undertaken the pre-application steps as set out in the Programme Document and has engaged with the Planning Inspectorate’s enhanced pre-application service it is required to use as a condition of a fast-track request.

3. Having regard to section 51 advice – that the applicant has had regard to advice given by the Planning Inspectorate under section 51 of the Planning Act throughout the pre-application period covering process and merits specific to the proposed NSIP, to enable application documents to be of a standard necessary and proportionate to support a faster examination.

The fast-track quality standard applies to any project seeking a fast-track programme, but the task of meeting the quality standard and the volume of supporting material will vary according to the complexity of the project.

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What are the information requirements for the fast-track admission document?

To enable the Planning Inspectorate to reach a decision within the acceptance period on whether the application should be subject to the fast-track route, the application must be accompanied by a non-statutory fast-track admission document. The purpose of this document will be to demonstrate how the application complies with the 3 tests of the fast-track quality standard. It should also set out how the commitments contained in the Programme Document have been met or, where necessary, the applicant should provide reasoned justification for any departures from those commitments.

The applicant is expected to track compliance with relevant policy frameworks (in particular the National Policy Statements and Marine Plans, where appropriate), and the evolution of the main issues throughout the course of the pre-application period. This will be best achieved through a summary/schedule of compliance included within the fast-track admission document or a signpost to where such information can be found.

Where the applicant concludes that a matter has been resolved this will need to be evidenced by a statement from the appropriate statutory body or consultee in the fast-track admission document. Equally, where there are outstanding areas of disagreement these should be clearly set out in the fast-track admission document and confirmed by those consultees involved.

The Pre-application Prospectus (to be published Spring 2024) prepared by the Planning Inspectorate sets out what documents are required for the fast-track route.

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How is a decision made for entry into the fast-track process?

Taking account of the applicant’s fast-track admission document and its own analysis of the procedural steps taken and the quality of the application, the Planning Inspectorate acting on behalf of the Secretary of State will make the provisional decision on whether an application meets the fast-track quality standard, and whether to set a shorter maximum examination time of 4 months. This will be done during the 28 days acceptance period alongside (but independently of) the appraisal of the application documents for acceptance being carried out under section 55 of the Planning Act.

Wherever possible, an Examining Inspector, who will be formally appointed in due course to the Examining Authority either as a single person or as a member of a panel, should have the opportunity to consider the fast-track admission document and advise the Planning Inspectorate in relation to the provisional decision. The Examining Inspector will want to be satisfied that the remaining key issues and principal areas of disagreement at the end of the pre-application stage are very clearly identified, are comprehensive, and that the respective positions of consultees are unequivocally established through the submission of PADSS where appropriate.

If the application is accepted to proceed to examination, the applicant will receive a formal decision of acceptance under section 55(6) of the Planning Act, and also an accompanying letter containing the Planning Inspectorate’s provisional decision concerning the request for a fast-track route.

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How do relevant representations inform the fast-track process?

If the initial decision by the Planning inspectorate is to agree that the application has met the fast-track quality standard and can proceed to a fast-track examination, it will be nonetheless a provisional one at this stage, pending the receipt of relevant representations. If a provisional fast-track route is confirmed at acceptance, then the intention will be to complete the pre-examination stage within 3 months rather than the expected normal maximum of about 5 months.

Under the provisions of section 56 of the Planning Act and Rule 3 of the Infrastructure Planning (Examination Procedure) Rules 2010 (as amended) (“the EPR 2010”), the applicant will therefore be expected to set a date for the receipt of relevant representations at the earliest possible stage, a maximum of 6 weeks from the notification of an accepted application. This is in order to demonstrate the intention to all participants in the examination that the proceedings will be conducted according to a fast-track time scale. It is expected that those making relevant representations will include in them any views on the proposal to conduct a shorter examination.

The provisional decision at acceptance to set a 4-month maximum timescale for the examination will be finalised by the Planning Inspectorate, acting on behalf of the Secretary of State, once the relevant representations have been received. There will be only a short period in which to do so, and the Planning Inspectorate can take into account any views which statutory parties may wish to offer at this point about the complexity of the application. These would be informal views and without prejudice to the involvement and responsibilities of these parties in the subsequent stages.

In deciding whether its provisional decision to conduct a fast-track examination should be confirmed, the Planning Inspectorate will however rely particularly on the advice offered by the appointed Examining Authority. The Examining Authority will need to be sure that it can deliver a fast-track examination in the light of its understanding of the key issues to be considered, and whether the relevant representations support this position.

Conversely, the Examining Authority might conclude that additional time might be needed to address specific considerations, such as where issues have arisen from relevant representations that were not contained in the fast-track admission document for the Planning Inspectorate to assess against the fast-track quality standard.

There can be circumstances where applicants propose changes to the submitted application following its acceptance for examination. Where such changes to the accepted application are proposed by the applicant before the examination commences that cannot be accommodated by the examination timetable, the application will not be able to progress through a fast-track examination.

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Confirming the fast-track decision

As soon as possible after the close of the relevant representations period, the Planning Inspectorate will write to the applicant:

• either confirming its provisional decision on behalf of the Secretary of State to accept the application for a fast-track examination and setting a deadline for the completion of the examination of a maximum of 4 months; or

• alternatively, the Planning Inspectorate might conclude that it is not possible to examine the application within a 4-month time scale and the consequence would be that the normal maximum 6-month examination timetable would then apply.

In either circumstance, the Examining Authority will proceed to construct an examination timetable and the preparatory steps which include:

• formally advising all parties of the preliminary meeting or other meetings as set out under Rule 6 of the EPR 2010;

• an initial assessment of principal issues;

• arrangements for the preliminary meeting under Rule 7 of the EPR 2010; and

• the timetable for the examination of the application or specified matters as set out under Rule 8 of the EPR 2010.

The Examining Authority will have its normal full discretion on how to examine the application and add any matters not covered by the applicant’s fast-track admission document for consideration. 

Because the Planning Inspectorate is acting on behalf of the Secretary of State under section 98(4A) of the Planning Act, if it has set a date for a deadline for an examination with a maximum of 4 months, then there will be no further opportunity for interested parties to make representations about this deadline at the preliminary meeting. If however, the examination is proceeding on a normal 6-month basis, then it will still be open to the Examining Authority to use its powers under section 98(1) of the Planning Act to set a shorter deadline at any stage.

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What is the non-statutory time frame for the fast-track process?

Following a provisional decision at acceptance to set a shorter fast-track examination timescale, the Planning Inspectorate will also set out a projected timescale of up to 12 months for the whole of the NSIP consenting process, compared with an average of 17 months for handling a normal NSIP application.

The timescales for specific stages will vary from project to project, but in order to set the expectation for all parties, the following are benchmark timescales for handling a fast-track application:

• pre-examination – up to 3 months (no statutory timeframe);

• examination – up to 4 months (statutory maximum 6 months, but shortened under section 98(4A) of the Planning Act);

• report and recommendation – up to 2 and a half months (statutory maximum 3 months); and

• decision – up to 2 and a half months (statutory maximum 3 months).

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What is the process for fast-track examination, reporting and decision- making?

There are several points prior to the examination where the opportunity arises to consider whether or not an application can be handled on a fast-track timetable. Key to this is the robustness of the applicant’s identification of remaining key issues and principal areas of disagreement and the attention to tracking these during the pre-application period. Where appropriate, it will be important for the applicant to provide evidence of confirmation from statutory consultees where principal areas of disagreement have been resolved, through the submission of PADSS.

If the decision to adopt a fast-track timetable has been confirmed following the analysis of relevant representations and the Examining Authority is able to construct a timetable for the examination which enables the key issues to be thoroughly considered and resolved, then concluding the examination within 4 months can be achieved. This should then feed into the ability of the Examining Authority to prepare its report and recommendation in a shorter time than the statutory 3 months required by section 98(3) of the Planning Act by focussing on the more limited range of issues and principal areas of disagreement. 

In turn, if there are no outstanding matters for resolution during the decision-making stage, the relevant Secretary of State should be able to make a decision on the application in a shorter time than the statutory 3 months required by section 107 of the Planning Act.  

However, it may be the case that despite the Planning Inspectorate having concluded on the best information available at that time that the examination could be conducted in 4 months, and the Examining Authority having then constructed an examination timetable under Rule 8 of the EPR 2010 to achieve this, that new matters arise during the examination which make completion of the examination in this timescale impossible.

Should this situation arise, the Examining Authority will need to ask the Planning Inspectorate to request the Secretary of State to agree an extension of the timetable under section 98(4) of the Planning Act, and so reverting to the normal 6 months maximum provided under section 98(1) of the Planning Act. It is likely in these circumstances that the recommendation and decision stages of the NSIP consenting process would similarly require the statutory maximum time periods.

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Published 30 April 2024