Understanding Key Changes to NSIP Guidance Updates

While the updates demonstrate a real appetite for change, the sheer scale of these take a lot to digest. In this article our team has done some of the hard work, summarising the key changes and their impact on developers.

What are the key takeaways from the NSIP guidance updates?

• Greater flexibility on the timing and approach to consultation and engagement, and the statutory requirement for consultation has been removed
• The corresponding removal of the requirement for a SoCC, PEIR or consultation report
• There is a strong focus on appropriate, proportionate, and targeted consultation and engagement, as well as the early identification of issues, including use of the Initial Assessment of Principal Issues (IAPI)
• There is an emphasis on the proportionality of documents, focusing on key issues

In practice, this means a faster pre-application stage and greater flexibility in pre-application programmes. Developers will need to identify a suitably tailored approach to consultation and engagement, and applicants will have a greater responsibility to deliver in line with the reformed regime.

Below we have outlined some of the key changes to the guidance and what this will mean for applicants and their advisors.

Is your project an NSIP?

New guidance sets out details of how Section 35 of the Planning Act will be applied, directing projects into and out of the NSIP regime in line with the amendments made through the Planning and Infrastructure Act.

Changes to the consultation process

Following the removal of the statutory duty to consult under Sections 42, 43, 44, 45, 47 and 49 of the Planning Act, the guidance provides updates on the approach to consultation and engagement at the pre-application stage. It confirms that there is no longer a requirement for a SoCC to set out the approach to consultation, and the need for PEIRs and consultation reports is also removed. This means there is no longer any need to follow precedent to ensure the consultation is ‘adequate’.

As ever, existing principles of good consultation continue to apply, but the guidance places the responsibility on applicants to determine how best to programme their project, the best approach to consultation, the appropriate material to accompany consultation, and who to consult.

Consultation requirements under other regimes, in particular the Environmental Impact Assessment (EIA) Regulations, still apply, but these changes should allow greater emphasis on effective consultation on targeted issues. The challenge for applicants and their advisors is to be bold in adopting the reforms while ensuring strong, effective, targeted consultation. Done properly, this should significantly reduce pre-application timescales, inform good design and mitigation, and allow a focus on reducing the issues to be taken to examination.

With the removal of the requirement for additional formal consultation, applicants also have the option to make design changes without being constrained by consultation timeframes.

Appropriate timing of notification and publicising

Sections 46 and 48 of the Planning Act remain, but appropriate timing for notifying the Secretary of State of the proposed application (Section 46) and publicising the application (Section 48) has been introduced, following the removal of Section 42 (statutory consultation). Applicants are encouraged to notify “as early as possible, and where practicable, not less than 6 months before submission of the DCO application”.

Greater emphasis on Initial Assessment of Principal Issues (IAPI)

Throughout the updated guidance, there is considerable emphasis on the role of the IAPI. It is recognised as a tool that can identify key issues and focus the examination process. Applicants should aim to use the pre-application stage to narrow areas of disagreement and address these where possible before submission of the application. This will help the Examining Authority in preparing the IAPI, enabling a more focused, proportionate and efficient examination.

Inclusion of Biodiversity Net Gain (BNG) statements

The guidance confirms that, from 2 November 2026, applications must include an outline biodiversity gain statement. Applicants are encouraged to share indicative BNG requirements and their proposed approach to delivery with PINS and stakeholders during pre-application to inform development of the outline plan.

Environmental Impact Assessment (EIA)

The guidance places continued emphasis on clarity, a proportional approach to EIA, and compliance with the scoping opinion. It also confirms the relevance of the Rochdale Envelope approach to identifying reasonable worst-case parameters where further detailed design or design flexibility is required.

Acceptance

The guidance on the acceptance stage has been updated, removing the requirement for consultation as a statutory consideration for acceptance, and reiterates the importance of:

• Consistency across application documents
• Complete, robust, and credible documents that accurately reflect the proposed development at submission
• Sufficiency in scale and content for the proposed development
• Concise, clearly written, and well-structured documents that are easy to navigate

In conclusion, the updated guidance sets out four key principles:

1. Prioritising front-loading: identification of key issues and the engagement and consultation on these
2. Proportionality: a proportionate approach to preparing the application and to engagement and consultation
3. Openness and transparency: applicants are encouraged to adopt these principles in any consultation and engagement, and explain what information is sought, where stakeholders can influence the project, and where they cannot
4. Timeliness: applicants are encouraged to approach consultation and engagement in a timely and collaborative manner.

Finally, we expect further updates and guidance to be published throughout 2026 and 2027 relating to several areas. These include:

• The fast-track process
• Changes to DCOs
• Compulsory acquisition
• The Infrastructure Planning (Fees) Regulations
• Award of costs
• Guidance on the process for reviewing the National Policy Statements
• A new section 55 checklist. Current understanding is that this will include matters of judgement rather than simply being a tick-box checklist.