Guidance

Nationally Significant Infrastructure Projects: 2024 Pre-application Prospectus - Frequently Asked Questions

Updated 29 May 2024

Applies to England and Wales

1. When will the charging start for the pre-application services? 

The Planning Inspectorate is running an expression of interest (EoI) between 29 May 2024 and 10 July 2024, where applicants are being requested to express which of the three pre-application tiers they would wish to engage in for each NSIP (Basic, Standard or Enhanced). It is currently intended that all applicants will be informed, by the end of August 2024, of the service tier available for their NSIPs. 

For projects that have not notified us or requested an opinion in accordance with EIA Regulation 8 before 30 April 2024, charging for our new services will begin on 1 October 2024. 

For projects that have notified us or requested an opinion in accordance with EIA Regulation 8 before 30 April 2024, charging for our new services will begin on 1 April 2025. 

For all projects subscribing to the enhanced tier of pre-application service, charging will begin on 1 October 2024. 

2. Why is an expression of interest (EoI) being undertaken? 

The Planning Inspectorate has established a new tiered approach to its pre-application service, established within the new Prospectus. We need to understand which service tier each current pre-application NSIP applicant would seek to subscribe to. This EoI will only take place once, at the start of this new three-tiered service. In the future the pre-application service tier will be discussed with the Planning Inspectorate at the inception meeting for each application, as detailed in the Prospectus and Government Guidance. 

3. Can I discuss with the Planning Inspectorate which tier is suitable for my NSIP before I respond to the EoI? 

Whilst the Prospectus states that the tier of service will be discussed at the inception meeting, the majority of current pre-application NSIPs have already held their inception meetings. In addition, there are a significant number of projects at the pre-application stage and it would not be possible for the Planning Inspectorate to hold discussions with each applicant within the EoI period. Therefore, if you have any queries which are not already answered in this FAQ, please contact the Planning Inspectorate via email in the usual way. The FAQs will be updated regularly. It should be noted, as explained in the Fast-Track Guidance, that applicants requesting to use the Fast-Track route for their NSIP will be required to use the Enhanced tier of service. 

4. Can the Planning Inspectorate decide to allocate my NSIP to a higher tier (for example Enhanced) when my preference is a lower tier (Standard or Basic)? 

No, an NSIP will not be allocated to a higher tier than is requested. The Planning Inspectorate may advise if it feels the NSIP would be better suited to a higher tier but cannot compel an applicant to be allocated to a higher tier service. However, note that the Planning Inspectorate may need to allocate applicants to a lower tier service if demand cannot be met.  

5. Why is the EoI separate to the publication of the new Prospectus? 

Before coming to a view on the services requested, careful consideration of the content of the recently issued Government Guidance and the Planning Inspectorate’s Prospectus was needed by applicants.    

6. When do I need to tell the Planning Inspectorate which tier of pre-application service we would like for our NSIP? 

The deadline for the EoI is 10 July 2024.  

7. Can any project request to use the Enhanced service? 

Yes, however, applicants should carefully consider the maturity of their pre-application NSIP. For example, if the application is intended to be submitted prior to April 2025, consideration should be given to whether the applicant would benefit from the full service of the Enhanced tier.   

8. I want my NSIP to be fast-tracked, how can I apply for this? 

As per the Fast-Track Guidance, a Fast-Track NSIP will need to use the Enhanced tier of service. The detailed requirements associated with the Fast-Track procedure are set out in our Prospectus. However, note that the Planning Inspectorate aims to complete all examinations as efficiently as possible and will do so in less than six months where appropriate.  

9. I want to fast-track my NSIP but I don’t want to follow the enhanced route. 

The Planning Inspectorate will complete the examination as efficiently as possible and will do so in less than six months where appropriate. However, as directed in the Fast-Track Guidance, the NSIP will not be eligible for a formal Fast-Track procedure if the Enhanced tier is not used.  

10. What if my NSIP is not currently known to the Planning Inspectorate? 

Current pre-application applicants have been emailed from a Planning Inspectorate email address with the information required to respond to the EoI. Any applicants of NSIPs not currently known to the Planning Inspectorate can email us at nsipeoi@planninginspectorate.gov.uk to request the relevant EoI information, particularly those wishing to start pre-application discussions with the Planning Inspectorate ahead of April 2025.  

11. My project is new and we haven’t met the Inspectorate to discuss it yet, do I need to submit an EoI at the appropriate time? 

You can if you wish, particularly if you intend to start pre-application engagement with the Planning Inspectorate before April 2025. It is helpful for you to inform us of any upcoming pre-application NSIPs and the likely tier of pre-application support you would like to request. If you are reading this after the EoI has closed and wish to submit a new project then this can be done in the usual way, with a tier being discussed at the inception meeting. New enquiries should go to our NIEnquiries@planninginspectorate.gov.uk mailbox. 

12. My project won’t be ready to start pre-application engagement with the Inspectorate yet, do I need to submit an EoI? 

See response above, however, you do not have to submit an EoI if your NSIP is not likely to require pre-application engagement with the Planning Inspectorate before April 2025. 

13. We don’t wish to pay for the pre-application service/we don’t want to subscribe to one of the pre-application tiers. 

Further to the Action Plan (published by the Department of Levelling Up, Housing and Communities) and the associated consultation response it is a government requirement for the Planning Inspectorate to seek full cost recovery. Every NSIP will receive, at least, the statutory minimum service (i.e. accommodating the Environmental Impact Assessment (EIA) screening and/or scoping process in accordance with Regulation 8 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017). The ‘Basic’ tier is aligned with the provision of our statutory duties at the pre-application stage and the associated cost to fulfil relevant obligations. Therefore, applicants are requested to subscribe to one of the tiers and will be charged accordingly so that the Planning Inspectorate recovers its costs.   

14. Why is there a phased approach to commencing the pre-application charging? 

The Planning Inspectorate considers the phased approach to charging is a fair and reasonable approach, given the service is being launched midway through most organisations’ financial year and we have already carried out certain statutory duties on some NSIPs. The EIA Regulation 8 process is being used to differentiate between projects which are more advanced in the pre-application stage, in comparison with those that are less so, in addition to those applicants seeking the enhanced tier for their NSIP.   

15. What happens to the pre-application fees I have paid, if my application is submitted before completion of the pre-application service arrangement? 

Any refunds will be made on a whole month basis. Applicants are asked to keep programme information updated to enable us to plan our resources effectively and mitigate any unnecessary cost being incurred which would require the Planning Inspectorate to stand resource down.  

16. What happens if my project changes substantially in the pre-application process? 

It is possible to change pre-application service tiers if required. However, the Planning Inspectorate will require three months advanced notice of the desire to change tiers and it cannot guarantee that such requests, particularly to move to a higher tier, will be agreed (considering likely competing demand for service provision).  

17. Does paying for pre-application advice mean that the Examining Authority will recommend that development consent is granted for my project? 

No. The advice given by the Planning Inspectorate at the pre-application stage is not the advice of any future Examining Authority who will examine the application, or Secretary of State making the final decision on whether development consent can be granted for the NSIP. As stated in the Government’s Pre-application Guidance (Planning Act 2008: Pre-application stage for Nationally Significant Infrastructure Projects - GOV.UK (www.gov.uk)) the advice given at the pre-application stage will be given without prejudice and can only be based on the information available at that time, and the Planning Inspectorate will not be able to advise on whether the NSIP is ultimately likely to be granted or refused development consent.  

18. Why is the Prospectus not presented in a brochure format, with tables, diagrams and photographs?  

This is due to the requirements on the Planning Inspectorate, as a public body, to ensure the content of the website and any information, is accessible. The Planning Inspectorate must comply with the requirements in ‘The Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018’. For more information please visit: Understanding accessibility requirements for public sector bodies - GOV.UK (www.gov.uk) 

19. What happens to pre-application projects which are currently inactive but remain on the register of applications on the website? 

We encourage applicants of inactive pre-application projects to respond to the EoI. Confirming if they intend to either withdraw their proposal from the NSIP Register on the website and pre-application service, or inform the Planning Inspectorate which tier of service they feel is most appropriate for their project.  

20. What happens to pre-application projects which do not reply to the EoI? 

The Planning Inspectorate will assume, for resourcing purposes, that those projects will be seeking the basic tier of service.  

21. Will there be a Welsh translation for the Prospectus? 

Yes, unfortunately we had to wait until the Prospectus was finalised and published before we could send it off for Welsh translation. It is now being worked on and will be uploaded as soon as possible.