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Amendments to Planning and Infrastructure Bill to cut pre-consultation period for major infrastructure in half: Government

The Government has announced plans to scrap statutory consultation requirements for major infrastructure projects, claiming the move will slash the average two-year statutory pre-consultation period by half.

The Ministry of Housing, Communities and Local Government (MHCLG) said the amendments to the Planning and Infrastructure Bill would help deliver clean energy projects, public transport links, and other major infrastructure at least a year faster on average.

In a statement announcing the move on Wednesday (23 April), the MHCLG described the current consultation system as "burdensome", adding that developers are spending "significant time and money on long, technical documents resulting in communities feeling fatigued and confused".

It also disincentivises developers from making improvements to projects for fear of having to re-consult, even if in the community's best interest, the Ministry claimed.

In addition, it said the reforms would potentially save the industry and taxpayers over £1bn during this Parliament.

Deputy Prime Minister and Housing Secretary Angela Rayner said: "We can't afford to have projects held up by tiresome requirements and uncertainty, caused by a system that is not working for communities or developers and holding back our true potential.

"We are strengthening the Planning and Infrastructure Bill to make sure we can lead the world again with new roads, railways, and energy infrastructure as part of the Plan for Change, whilst ensuring local people still have a say in our journey to get Britain building."

The Government added that statutory guidance for developers on applications will be issued, and the Planning Inspectorate will maintain high standards for accepting projects.

Community engagement will also come from local authorities, which will be made aware of proposed applications so that they can continue to inform and advise on developments and advocate for local interests, the MHCLG said.

The Bill is currently at the committee stage in the House of Commons.

Robert Bruce, a planning and infrastructure partner at law firm Freeths, said he welcomed the change as “a significant step to speeding up the DCO [development consent order] process and the focus on the quality and effectiveness of the consultation, rather than box ticking and a risk averse approach to pre-application consultation due to the current legal requirement”.

He added that “whilst the change should help significantly with speeding up the process, it is clear applying for a DCO will still be a lengthy and complex process. Whilst rightly ambitious, I very much doubt that the Government is likely to meet its stated pledge of 150 planning decisions on major infrastructure projects this Parliament, given there’s only been 145 decisions on DCO applications since 2008.”

Adam Carey