The Planning and Infrastructure Act 2025: What It Means for NSIP Engagement

The Planning and Infrastructure Act 2025 represents one of the most significant shifts in the Nationally Significant Infrastructure Projects (NSIPs) regime in over a decade. While the Act changes how consultation is formally required, it does not change why good engagement matters.

With the Act now in force and further guidance expected in early 2026, the coming months will show how planning reform will work in practice.

What is the Planning and Infrastructure Act 2025?

The Planning and Infrastructure Act 2025 became law on 18 December 2025. At its core, the Act seeks to streamline the NSIP consenting process while maintaining confidence, quality and accountability across decision-making.

What is the purpose of the new Act?

The direction of travel is clear:

• Simpler processes that reduce unnecessary duplication

• Clearer accountability for decision-makers and promoters

• A more strategic approach to environmental, land and engagement obligations

What has changed for engagement?

One of the most significant changes introduced by the Act relates to pre-application consultation for NSIPs.

Under the new framework:

• The statutory pre-application consultation requirements have been removed

• Developers are no longer legally required to undertake:

• Section 42 consultation with statutory consultees and affected persons

• Statutory community consultation

These statutory requirements will be replaced by best-practice guidance, expected to be issued by the Secretary of State in early 2026.

Importantly:

• Developers will be required to have regard to this guidance

• The guidance will not be legally binding

• The Government has been explicit that it still expects
  “high-quality, early, meaningful and constructive engagement and consultation with those affected by NSIP proposals”

In other words, the obligation to engage has not disappeared. In practice, we expect to see:

• Greater flexibility in how engagement is designed and delivered

• Increased emphasis on proportionate, targeted and well-evidenced engagement

• More scrutiny of how and why engagement choices are made, rather than whether a statutory checklist has been followed

What we've seen in the industry so far

As one of the first projects to move forward under the new regime, East West Rail highlights the practical implications of the Act for how and when communities are engaged. Despite the removal of statutory consultation requirements, East West Rail (EWR) has confirmed it will still undertake a full, route-wide consultation this spring. This follows a pause in consultation on the Bedford to Cambridge section while planning reforms progressed, and demonstrates a continued commitment to transparency and public confidence. Further detail is available via New Civil Engineer here.

While the outcomes of the planning reform are still playing out, expectations for high-quality, meaningful engagement remain: early involvement, meaningful dialogue, transparency, and clear links between engagement and decision-making.

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