It was a particularly interesting time to hear from speakers and speak with others across the industry, following the publication of new National Infrastructure Planning Guidance by MHCLG. As ever, the event also offered a valuable opportunity to catch up with clients, colleagues and collaborators.
Having had the opportunity to reflect on the day, DWD’s key takeaways are as follows:
Anna Payne from MHCLG introduced the new guidance and legislation commencing the main DCO reforms in the Planning and Infrastructure Act 2025 that remove the statutory pre-application consultation requirements. The guidance does not create a requirement for applicants to engage or consult during the pre-application stage in a particular way; however, the guidance and MHCLG make clear that meaningful and transparent engagement and consultation remain extremely important in producing well-prepared applications and the early identification of issues.
The guidance sets out four principles for pre-application engagement which are: prioritising front-loading, proportionality, openness and transparency, and timeliness. Anna Payne from MHCLG and the late-morning Whitehall Panel explored the different ways in which engagement may be taken forward within the framework of those principles. In particular, a distinction was drawn between communication, collaboration and consultation, each of which has its own role and should be considered carefully in light of the relevant project circumstances.
The Whitehall Panel also touched on the “suitable standard” test that will apply at the acceptance stage when determining whether a DCO application should proceed to examination. From a planning perspective, the Section 55 checks were noted as becoming more judgement-based. The guidance recognises that a suitable DCO application is not necessarily one in which all issues have been resolved before examination. Rather, the focus is on whether the application is sufficiently well prepared to enable the examination to proceed effectively.
It was also confirmed by Anna Payne from MHCLG and Dr Pauleen Lane CBE and David Price from The Planning Inspectorate that Examining Authorities are expected to make greater use of the Initial Assessment of Principal Issues to guide examinations. This should help focus examinations on the key issues requiring further consideration. The speakers also suggested that Examining Authorities may take a more disciplined approach to preventing resolved matters from repeatedly resurfacing unless an Interested Party raises something new for consideration.
Last but by no means least, service leaders at Historic England, Natural England and the Environment Agency spoke positively about the changes soon to be taking effect. A key request from consultees was for DCO applicants to engage with them early. This does not necessarily mean engaging in detailed discussions on project design or assessment work at the outset. Rather, consultees emphasised the value of applicants sharing project programmes early so that consultees can identify pre-application pinch points and plan their resources accordingly.
