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Last edited 28 Mar 2025

The Planning and Infrastructure bill and reactions to it

1 Planning and Infrastructure, Bill 196 2024-25 (as introduced)
2 Stated government objectives of the Bill
3 Part 1: Infrastructure
4 Part 2: Planning
5 Part 3: Development and nature recovery
6 Part 4. Development corporations
7 Part 5: Compulsory purchase
8 Reactions to the Bill
9 Related articles on Designing Buildings

[edit] Planning and Infrastructure, Bill 196 2024-25 (as introduced)

A Bill to make provision about infrastructure; to make provision about town and country planning; to make provision for a scheme, administered by Natural England, for a nature restoration levy payable by developers; to make provision about development corporations; to make provision about the compulsory purchase of land; to make provision about environmental outcomes reports; and for connected purposes. Bill 196 2024-25 (as introduced)

[edit] Stated government objectives of the Bill

The objectives of the Planning and Infrastructure Bill indicated by the government are given in precis here:

A faster and more certain consenting process for critical infrastructure; streamlining the delivery of Nationally Significant Infrastructure Projects (NSIPs), reducing consultation requirements and limiting judicial reviews to support the Clean Power Action Plan with faster energy infrastructure approvals and local benefit schemes.
Strategic approach to nature recovery; introducing a Nature Restoration Fund to promote development and environmental recovery, balancing economic growth with enhanced environmental protection.
Improving certainty and decision-making in planning; empowering local communities while ensuring an efficient planning process, providing resources for local planning authorities through revised planning fees.
Unlocking land and securing public value; speeding up land assembly and site delivery for public benefit, ensuring fair but not excessive compensation through compulsory purchase orders.
Cross-boundary strategic planning; implementing spatial development strategies for coordinated regional growth, facilitating collaboration to address broader housing and infrastructure needs.

[edit] Part 1: Infrastructure

[edit] Nationally Significant Infrastructure Project (NSIP) Reform

Reforms aim to accelerate project delivery by reducing judicial reviews, increasing planning flexibility, with updated National Policy Statements every five years. They shorten consultations, streamline interim changes, and empower the Secretary of State to direct projects. The government target is to deliver 150 major projects, or Development Consent Orders during the current parliamentry term, ensuring efficiency while maintaining valid appeal rights.

[edit] Electricity network connections reforms

First Ready, First Connected, replaces current first come, first served system to prioritise ready projects. Enhance efficiency considering technology, location, and strategic system planning. The government grants time-limited powers (3 years) to the Secretary of State and Ofgem to prioritise the connections queue. Allows direct amendments to electricity licences and connection agreements if reforms face delays. Ensures strategic alignment with national energy plans (e.g., Clean Power 2030 Action Plan) and direct National Energy System Operators and Distribution Network Operators to prioritise projects based on system needs.

[edit] Consenting for electricity infrastructure in Scotland

The Bill reforms Scotland’s electricity infrastructure consenting process, modernising the outdated Electricity Act 1989. Including; pre-application requirements for early engagement with communities and statutory consultees, reducing application delays and improving quality. It replaces automatic public inquiries with a tailored process, offering a more proportionate response to objections, with right of appeal extending to onshore projects with clear, six-week deadline from decision. Allow for variation to consents for changes in environment, technology, or errors, empowering the Scottish Government to charge fees for screening, scoping and various application processes, including wayleaves and EIAs.

[edit] Long duration electricity storage cap and floor scheme

The Bill introduces a cap and floor scheme for Long Duration Electricity Storage (LDES), crucial for integrating renewable energy like wind and solar into the grid. The scheme ensures a balance between investor security and fair consumer pricing, providing minimum revenue certainty (floor) and limiting excessive profits (cap). LDES investment, after a 40-year hiatus, will support decarbonisation, reduce system costs, and strengthen energy security. With 20GW of 24-hour LDES, the system could save £24 billion in electricity costs from 2030 to 2050, facilitating growth and the clean energy transition.

[edit] Consumer benefits for homes near electricity transmission projects

The Bill addresses community concerns about the impact of electricity transmission infrastructure, ensuring they benefit from the infrastructure projects passing through their areas. It introduces a centralised, mandatory bill discount scheme for communities near new or upgraded electricity transmission infrastructure. This scheme will offer eligibility criteria, data sharing, and details on the discount amount and duration. It will also include measures to assist hard-to-reach customers, such as a pass-through requirement and opt-in options. The Bill ensures communities gain from national infrastructure projects while enhancing public consent and addressing concerns about disproportionate impacts.

[edit] Extension of the commissioning period for offshore electricity transmission system

The Bill addresses challenges in offshore wind transmission by extending the Generator Commissioning Clause (GCC) period from 18 to 27 months. The extension allows offshore wind developers more time to commission and test transmission assets without violating the unbundling rules of the Electricity Act 1989. The change reduces the risk of delays in commercial negotiations and minimises government interventions to prevent shutdowns of projects due to non-compliance. As offshore wind farms grow larger and more complex, this extension ensures smoother operations and helps meet energy goals.

[edit] Electricity generation on forestry land

The Bill amends the Forestry Act 1967 to grant powers to the Forestry Commissioners in England and the Natural Resources Body for Wales. These powers will allow the use of forestry land for renewable electricity generation, transmission, storage, and supply. This change supports the government's energy and climate targets while providing long-term funding for the forestry authorities, alongside their existing duties related to timber production and recreation.

[edit] Reforms to the Highways Act 1980

The Bill amends the Highways Act 1980 to streamline and improve the delivery of transport infrastructure projects, aiming to reduce congestion and improve connectivity. Key measures include:

Temporary Land Possession: Allows quicker land negotiations.
Cost Recovery: Enables local authorities and consultees to recover costs for advice or services.
Statutory Deadlines: Sets clear deadlines for the Secretary of State's decision-making and aligns objection periods with other planning regimes.
Simplification: Removes the need for statutory instruments for certain schemes and allows strategic highway companies to manage trunk road orders more efficiently.

[edit] Reforms to the Transport and Works Act 1992

The Bill reforms the Transport and Works Act 1992 (TWA92) to streamline the consenting process for new railways, tramways, guided transport schemes, and inland waterways in England and Wales. Key measures include:

Cost Recovery: Allows local authorities and consultees to recover costs for providing advice or services.
Statutory Deadlines: Introduces clear deadlines for application decisions.
Streamlined Authorisations: Includes additional authorisations to simplify processes.
Updated Guidance: Replaces model clauses with flexible guidance.
Legislative Clarifications: Provides clarification through technical amendments to improve efficiency and reduce administrative burdens.

[edit] Harbour Order fees

The Bill amends the Harbours Act 1964 to allow more flexible cost recovery for Harbour Revision Orders. Current flat fees charged in advance do not reflect the complexity or time required for each application, causing inefficiencies. The new system will allow fees to be determined using a combination of fixed and hourly elements, payable in advance and arrears. This change aims to improve cost recovery, help the Marine Management Organisation (MMO) manage resources more effectively, and speed up decision-making. The approach aligns with HMT’s Managing Public Money guidelines for setting charges for public services.

[edit] Electric vehicle (EV) charge points

The Bill supports the transition to Electric Vehicles by streamlining the installation of EV charging infrastructure. It removes the need for licenses for street works that can be authorised by permits, expediting the rollout of public charge points. The Highways Act 1980 will be amended to ensure EV charge point operators can access permits directly, reducing time and costs for installations and helping create a more comprehensive and reliable network of charge points. This policy accelerates EV uptake by making public charging infrastructure more accessible, quicker, and cost-effective.

[edit] Part 2: Planning

[edit] Sub-delegation of planning fees

The Bill introduces a new power allowing the Secretary of State to delegate the setting of planning application fees to Local Planning Authorities. This will ensure fees cover the full cost of processing applications, addressing the estimated £362 million funding shortfall. Fees must not exceed the actual cost and must be retained for planning functions. Safeguards are included to prevent unjustified fee hikes, allowing the Secretary of State to intervene if necessary. Reforms aim to provide LPAs with the resources to deliver efficient planning services, ensuring fair and transparent fees.

[edit] Planning committee reforms

The Bill will introduce a national delegation scheme for planning decisions, specifying which functions should be handled by planning officers or committees. This aims to bring consistency and clarity to decision-making responsibilities across England. Additionally, planning committee members will be required to complete mandatory training to ensure they understand key legal aspects relevant to their roles, promoting effective decision-making and consistency. The Bill also includes provisions to regulate the size of committees, ensuring they remain manageable for productive discussions.

[edit] Spatial development strategies

Bill will introduce strategic planning across England to address cross-boundary issues like housing needs, establishing a spatial development strategy (SDS), modelled after London’s system. Authorities, including combined and unitary ones, will be required to prepare an SDS. Strategic planning boards may be set up to prepare SDSs for certain groupings. Local plans must align with SDSs, ensuring coordinated growth planning, with London maintaining its existing SDS system.

[edit] Part 3: Development and nature recovery

The Bill introduces the Nature Restoration Fund (NRF) and Environmental Delivery Plans (EDPs) to address delays in development caused by environmental obligations for protected habitats and species. EDPs, led by Natural England, will provide strategic action for nature recovery, allowing developers to avoid individual assessments and interventions, leading to faster development and improved environmental outcomes.

[edit] Part 4. Development corporations

The Bill aims to strengthen development corporations to promote large-scale housing and regeneration projects across England. It will offer greater flexibility in operational areas, emphasise sustainable development and climate change goals, and standardise infrastructure types. The Bill also introduces a duty for collaboration with local transport authorities to ensure integration with wider spatial plans.

[edit] Part 5: Compulsory purchase

The Bill aims to streamline the compulsory purchase process (CPO) and land compensation rules to speed up housing and infrastructure delivery. It will allow for electronic statutory notices, simplify newspaper notice requirements, delegate more decisions, and enable quicker land vesting. The Bill also removes 'hope value' from compensation for councils facilitating affordable housing.

The Bill also extends an existing power to remove value attributed to the prospect of planning permissions (‘hope value’) by direction under section 15A of the Acquisition of Land Act 1981 (‘the 1981 Act’) to town/parish and community councils where they are using CPO powers to facilitate affordable or social housing provision. It will also be achieved by ensuring directions removing hope value apply to assessment of all open market value where it forms part of a compensation claim.

The above sections of this article are based on the government "Guide to the Planning and Infrastructure Bill" which was published 11 March 2025.

[edit] Reactions to the Bill

[edit] IHBC voices concerns over Planning and Infrastructure Bill and related proposals

[edit] Concern over loss of transport heritage

IHBC voices concerns over Planning and Infrastructure Bill proposal which could support the loss of transport heritage, it has reinforced the concerns of other heritage bodies about the recently published Planning and Infrastructure Bill which removes the Secretary of State’s scrutiny from heritage aspects of infrastructure projects

Section 37 of the proposed Bill seeks to amend the Transport and Works Act 1992, which currently requires applications for Listed Building Consent that are a consequence of an order under Section 1 (railways, tramways, or similar railed means of transport) or Section 3 (inland waterways) to be automatically passed to the Secretary of State by the Local Planning Authority (LPA). The IHBC writes:

"The proposed changes would deny the Secretary of State the duty and authority to weigh heritage matters. The proposed changes would effectively render any heritage concerns secondary to development, which not only prejudices the future of Britain’s built environment but is in direct contradiction to the intentions of the Town and Country Planning Act, and the related heritage protection laws. It would limit the planning balance that should take into account both development needs and heritage preservation."

"By allowing the destruction or alteration of listed buildings or buildings in conservation areas without proper scrutiny, these changes would allow decisions to be made solely at the discretion of narrow interests, with no public or heritage consideration."

"The Bill also includes proposals for changes to Planning Committees including provisions that would allow the Government to control of the size and composition of planning committees and delegation controls to limit the applications that committees can determine, as well as a statutory requirement for training for committee members."

[edit] Potential local authority member training welcomed

IHBC voices concerns over Planning and Infrastructure Bill proposal which could support the loss of transport heritage but welcomes the potential for local authority member training. The IHBC writes:

"The introduction of statutory training for Local Authority Planning Committee members is welcomed as it should lead to better informed, better considered and better-balanced decision making. However, restrictions on the ability of Planning Committees to determine planning applications strikes at the heart of the democratic process.”

"The Planning and Infrastructure Bill has not been the subject of prior consultation and was launched with less than two weeks between its publication and first reading. The timescale and lack of opportunity to make constructive comments is a serious concern and the Institute is therefore responding to immediate concerns. Any further impacts for heritage protection will be considered by the Institute as the Bill progresses and as opportunity allows."

[edit] Concern in the reduction of statutory consultees for planning applications

IHBC is extremely disappointed to see the Government announcement issued alongside the introduction of the Planning & Infrastructure Bill and other measures intended to speed up approval of development proposals, that it intends to reduce the number of statutory consultees for planning applications, including removal of The Theatres Trust and The Gardens Trust. The IHBC writes:

"The Theatres Trust and The Gardens Trust offer essential expertise into the unique and specialist architectural, historical, and cultural significance of theatres and gardens. Excluding them from the statutory consultee list would mean that planning applications affecting these important heritage assets would no longer benefit from the specialised knowledge and advocacy these organisations offer."

"Statutory consultees are key to shaping planning decisions by providing expert advice and guidance. Their insights help drive sustainable development whilst protecting our cultural heritage, and promoting community pride and well-being."

"The historic environment is not an obstacle to growth and it should not be seen as such. The Gardens Trust and Theatres Trust offer invaluable expertise that supports the preservation of heritage landscapes and historic cultural venues. Removing the statutory consultee status of The Gardens Trust and Theatres Trust would jeopardise protection for our historic environment by excluding expert voices from the planning process."

"We do not believe that these two bodies have failed to engage proactively; took too long to provide advice, submitted automatic holding objections or advice which seeks a result beyond what is reasonable to make development acceptable in planning terms, as claimed by the Government. Furthermore, both the Gardens Trust and the Theatres Trust are able to statistically support their successful role in the consultation process. Removing them from the list of statutory consultees will do nothing to ‘promote growth and unblock building’ but it is likely to accelerate the loss of or harm to irreplaceable heritage assets."

IHBC Policy Secretary, Roy Lewis said: "It is difficult to see how The Gardens Trust and The Theatres Trust could realistically be portrayed as ‘development blockers’. These organisations provide informed specialist comment on a very small proportion of planning applications and object to relatively few. The Government should provide convincing evidence before dispensing with the valuable service that these voluntary sector Trusts provide."

[edit] Theatres Trust’s response to government’s plans to end statutory consultee role

Following government plans to limit the scope of, and/or remove key amenity society interests from planning, including The Gardens Trust and The Theatres Trust, the latter has laid out its case for the status quo. The Theatres Trust writes:

In response to the Ministry of Housing, Communities and Local Government proposed ‘review of statutory consultee system’ Joshua McTaggart, CEO of Theatres Trust, and Dave Moutrey OBE, Chair of Theatres Trust, comment:

‘While Theatres Trust welcomes Deputy Prime Minister Angela Rayner’s announcement of a review into the planning statutory consultee system, of which Theatres Trust is a committed and active part, we do not recognise the characterisation of Theatres Trust, made by the Deputy Prime Minister and the Ministry of Housing, Communities and Local Government, as being an impediment to growth.

As part of The Town and Country Planning (Development Management Procedure) (England) Order 2015, Theatres Trust is a statutory consultee in England in relation to ‘development involving any land on which there is a theatre’. This is a responsibility we take seriously and deliver diligently alongside our expert advice services to local authorities, developers and operators. In 2023/24, we responded to 238 Planning and Pre-Planning Applications that fell within our remit; 100% of these were dealt with in the allotted 21 days.

Theatres Trust is confident that, contrary to MHCLG’s statement, we proactively engage with all local planning authorities and developers and provide our advice in a timely and efficient manner, actively feeding into and championing culture in Local Plans.

We are confident that Theatres Trust plays a proactive role in empowering the future of the Creative Industries, one of the government’s priority sectors in the industrial strategy. While housebuilding is a necessary part of the country’s growth, we know this government also understands that communities need to have access to culture, storytelling and educational opportunities. Theatres are a key provider of this, and theatres are what we endeavour to protect.

Theatres Trust was established through an Act of Parliament in 1976 after over 800 theatres in the UK had been demolished or irrevocably altered. This shows that the then government understood the need to protect our cultural heritage so future generations could have access to live performance. Theatres Trust’s committed team works hard to uphold these principles and values in everything we do, especially in our planning consultation responses.

Theatres Trust welcomes the opportunity to interrogate our ways of working and evaluate our impact on the wider planning process in England. However, we do not recognise the characterisation of Theatres Trust as a ‘bureaucratic burden’ and trust that the Deputy Prime Minister will oversee a data-led and rigorous process that will ensure each of the individual 25 statutory consultees are considered on their own merit.

Theatres Trust will continue to actively contribute to the government’s growth mission both within and outside of our statutory planning consultation work, and we are confident that the quality of our work and the depth of its impact will speak for itself."

[edit] CIC welcomes the Planning and Infrastructure Bill with some elements of caution

CIC has welcomed the Planning and Infrastructure Bill as a “a significant opportunity to address some of the pressing challenges in our built environment.”

The Bill was introduced into the House of Commons on March 12 and contains sweeping measures aimed at speeding up planning to boost housebuilding and remove obstacles and challenges to the delivery of vital infrastructure. The measures aim to speed up the number of planning approvals by allowing planning officers to make more decisions on schemes and empower councils to set their own planning fees to invest in the “over-stretched” system.

Dr Wei Yang OBE, chair of CIC said:

"The Planning and Infrastructure Bill represents a significant opportunity to address some of the pressing challenges in our built environment. By streamlining planning processes, we can accelerate the delivery of much-needed homes and infrastructure while fostering innovation and collaboration across disciplines."

"The emphasis on strategic spatial planning is particularly welcome, as it aligns with our vision for creating sustainable, well-designed communities. However, it is crucial that these reforms prioritise sustainability and social equity, ensuring that new developments contribute to collective well-being, environmental resilience and long-term prosperity."

"CIC has long campaigned for many of the measures contained within the Bill and has made its case in responses to several housing and planning consultations initiated by Labour since it came to power last June. Measures CIC has called for include the reintroduction of strategic planning to streamline the planning process, provide specialist expertise and look at what is needed across regions, rather than on a local authority basis. CIC has also called for greater resources for overstretched planning authorities and more funding for social housing."

"CIC welcomes allowing planners to set their own fees to aid resourcing issues. But it cautions that these freedoms must run alongside upskilling planners so that more homes are built but also that they are high-quality, future-proof developments and integrate well into local communities."

Dr Yang remarked: “CIC looks forward to working with government delivering growth through much needed new homes and infrastructure. For planners to play their part and new strategic authorities to be successful they both must be well resourced and supported.”

[edit] CIEEM responds to Planning and Infrastructure Bill

"CIEEM has published our response to the Planning and Infrastructure Bill 2025.

As we have previously highlighted, the core principle behind the Bill – identifying environmental challenges early and addressing them proactively through state-led intervention – could, in theory, be a positive step towards the government’s twin goals of streamlined delivery of critical development and better outcomes for nature.

However, the execution of this concept is critically flawed. As currently drafted, the Bill threatens to cause unnecessary and irreparable ecological harm while simultaneously imposing additional costs, uncertainty and delays on developers due to the uncertainty around the nature and scope of the proposed Environmental Delivery Plans (EDPs).

The proposed Bill, whilst containing some important principles which would be of benefit to both the economy and the environment, is currently significantly flawed and needs an urgent rethink. In our view, the Bill is a regression on current levels of environmental protections.

CIEEM would welcome the opportunity to work with the Government and other stakeholders to improve the Bill such that it can deliver the multiple benefits it is being designed for."