At a time of significant proposed changes to infrastructure planning, I was fortunate to attend the National Infrastructure Planning Association (NIPA) Annual Conference on Monday this week. With the Government’s recent announcement of mandatory Biodiversity Net Gain (BNG) for NSIPs from April 2026, and the second reading of the Planning and Infrastructure Bill in the House of Lords now complete, the Conference was a timely opportunity to hear a range of views on these changes. The key question is whether they go far enough to encourage the industry to promote more NSIPs, to enable the Government to meet its ambitious target of making 150 major infrastructure project decisions in this Parliament.
With further guidance promised and consultation on BNG ongoing (
The Government’s BNG consultations explained (and why you should care)), this blog sets out key issues and takes a reading of the industry’s response.
Implementing DCOs post-consent
Key to the utility of any DCO is its future compatibility with updated technology, and there is increasing recognition of the benefits of using the ‘Rochdale Envelope’ to build in flexibility to a DCO. However, the rapid pace of technological advancement seems to be increasingly incompatible with the current DCO process. It was noted that a high proportion of consented DCOs are now incompatible with the latest technology, meaning many consented projects may not be built at all, or will require a post-consent change application to incorporate updated technology.
The Planning and Infrastructure Bill removes the distinction between non-material and material changes post-consent to streamline this process. This is a welcome amendment that will help to ensure that major infrastructure projects can be built to optimal design.
One of the most interesting sessions for me was the talk by Ed McCann of Expedition Engineering on ‘Fit for purpose consents’ looked at key issues in project delivery. As Planners, we are not often involved in the ongoing implementation of major projects, but restrictions agreed to as part of the consent (for example construction working hours) can have severe cost and time implications, undermining project deliverability. Costing impacts must be fully interrogated at the consent stage, and we can hope that a simplified process for post-consent changes may also assist in this area.
Another issue requiring a strategic view relates to the use of the Rochdale Envelope. Whilst many developers are making use of opportunities for design optimisation post-consent, protracted pre-application timescales and delayed decisions often see this activity curtailed. It is hoped that time savings through reforms will re-establish opportunities for this refinement.
Consultation
Changes to DCO consultation requirements was another key topic of the day. One key message from NIPA’s engagement with members was the need for consultation to focus on outcomes, as a proportionate exercise that is meaningful, open and transparent. This feedback was complemented by the case law update session, with a talk given by Daniel Kozelko on discarded alternatives during consultation. Drawing on case law including Mosely v LB Haringey (2014) and R (Possible (The 10:10 Foundation)) v SST (2025), Kozelko recommended that alternatives should be set out during consultation, relevant to the scope of the consultation. It is best practice to include brief commentary on arguable alternatives, setting out why they were rejected or considered non-viable.
Currently, it has been suggested that many developers are ‘gold plating’ consultation to avoid the risk of judicial review. Future guidance must establish clear requirements so that this does not carry over. Clarity on alternatives would be a welcome addition to this guidance, and confirmation of the applicability of these changes to post-consent change applications should also be included.
Biodiversity Net Gain for NSIPs
Biodiversity Net Gain (BNG) is set to apply to NSIPs from May 2026. I attended the workshop run by DEFRA on the Government’s ongoing consultation and heard views from delegates on the proposals.
The government proposes using the Order Limits to calculate the baseline BNG value and has suggested that it should apply to all NSIP types. Numerous participants raised the significant implications of this for linear projects, especially above ground or underground installations where there would be limited impacts to most of the land, and where wide lateral parameters are often used.
It was suggested that a maximum construction footprint should be used in the initial calculation, and the government’s proposal to enable later re-calculations was welcomed. The government is set to produce further guidance on BNG calculations to account for the use of parameters and design flexibility, which will be especially important in light of the increasing need for flexibility.
Further details of the consultation can be found on Lichfields’ blog:
The Government's BNG consultations explained (and why you should care). The consultation is running until 24th July 2025.
Key takeaways
The government’s recognition of the essential nature of major infrastructure projects to the UK’s growth strategy via the Planning and Infrastructure Bill has brought optimism to the industry, but also a high degree of uncertainty. The industry is keenly awaiting clear guidance on updated consultation requirements, and whilst there is support across the sector for the introduction of BNG for NSIPs, this is tempered by concern that a rigid application of the requirement will undermine project deliverability.
DCOs establish essential design flexibility which is of increasing importance in the context of rapid technological advancement. The compatibility of BNG with this process is yet to be confirmed. In this same vein, whilst there was little discussion of the proposed amendments to the post-consent change process, it is clear that this will contribute to better project outcomes: enabling the process to keep pace with technology, rescuing undeliverable projects, and opening up more avenues for post-consent design optimisation.
There is reason for optimism. The government is listening to the industry, and if recommendations are taken on board, it is hoped that the package of reforms currently underway will help to improve efficiency, flexibility, and proportionality in the DCO consenting process.
