For nearly two decades, statutory consultation has been a defining feature of the UK’s infrastructure planning system. Following the introduction of the Planning Act 2008, developers and the infrastructure sector more widely adapted to a new reality – engaging with communities, local authorities and stakeholders before submitting Nationally Significant Infrastructure Project (NSIP) applications became a formal requirement.
Over time, however, many in the sector came to view the process itself as the objective. Consultation programmes became increasingly procedural, risk-averse and resource-intensive. While the principle of engaging people early was rarely disputed, the statutory requirements often encouraged a focus on compliance rather than meaningful dialogue.
The publication of the latest National Infrastructure Planning Guidance marks a significant shift in direction. Accompanying the Planning and Infrastructure Act 2025, the new guidance effectively removes statutory consultation as we have known it, replacing it with a more flexible approach centred on proportionate engagement and consultation, early issue identification and better project preparation.
That does not mean engagement and consultation matter less. Quite the opposite.
A key message running throughout the guidance is that successful projects will be those that identify issues earlier, engage the right stakeholders at the right time and arrive at examination with stronger evidence and fewer unresolved concerns. The emphasis has shifted from completing prescribed consultation activities to demonstrating that engagement has informed project development and helped resolve risks before they become barriers to consent.
For project promoters, the practical implications are significant. The new regime places greater importance on:
- front-loading key issues during the pre-application phase
- targeted and proportionate engagement rather than blanket consultation
- stronger and more coherent application documentation
- early collaboration with local authorities and statutory bodies
- maintaining a clear focus on issue resolution throughout the consenting process.
The organisations that benefit most from these changes are unlikely to be those that simply do less. Instead, they will be those that use the additional flexibility to engage more strategically, focus resources on the issues that matter most and build stronger support for their projects from the outset.
In many ways, the latest guidance represents a maturation of the NSIP regime. The process is evolving from one driven by statutory consultation requirements to one driven by project outcomes. For infrastructure promoters, that creates both an opportunity and a challenge. To move beyond compliance and place engagement, communication and relationship-building at the heart of successful project delivery.