National Policy Statements
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| National Policy Statements | |
|---|---|
| Name | National Policy Statements |
| Jurisdiction | United Kingdom |
| Established | 2011 |
| Primary legislation | Planning Act 2008 |
| Administering body | Secretary of State for Business, Energy and Industrial Strategy; Department for Levelling Up, Housing and Communities |
| Related documents | National Planning Policy Framework; Infrastructure Planning Commission; National Policy Statement for Energy |
National Policy Statements National Policy Statements are statutory documents that set out national need and policy for major infrastructure projects in the United Kingdom. They provide the basis for decision-making on applications for development consent for nationally significant infrastructure projects and interact with other instruments such as the Planning Act 2008 and the National Planning Policy Framework. These statements are produced by UK ministers and informed by consultation with bodies including Local Government Association, Environment Agency, Natural England, and sector regulators such as Ofgem and Ofwat.
Overview
National Policy Statements define national objectives and criteria for specific infrastructure sectors, including energy, transport, water, waste, and telecommunications. They explain the strategic context, the need for development, and the matters to be considered by decision-makers like the Secretary of State for Business, Energy and Industrial Strategy and examining authorities at the Planning Inspectorate. Statements typically cover assessments of environmental impacts, economic benefits, and alignments with international commitments such as the Paris Agreement and obligations under the European Convention on Human Rights where relevant. They are intended to provide certainty to investors such as National Grid, Network Rail, and major developers including EDF Energy and Balfour Beatty.
History and Development
The concept of dedicated statements for nationally significant infrastructure traces to reforms enacted in the early 21st century, culminating in provisions of the Planning Act 2008. The first tranche of designated statements followed white papers and reviews associated with energy security debates involving actors like Department of Energy and Climate Change and inquiries influenced by events such as the Fukushima Daiichi accident and discussions in the House of Commons. Earlier planning frameworks, including precedents from the Town and Country Planning Act 1990 and practice at the Office of the Deputy Prime Minister, informed drafting methodology. Over time, amendments and new statements responded to shifts triggered by campaigns from NGOs such as Friends of the Earth and industry lobbying by groups like the Confederation of British Industry.
Purpose and Legal Framework
National Policy Statements serve as primary decision-making policy for applications for development consent under the Planning Act 2008. They are designated by the relevant secretary of state after public consultation and parliamentary scrutiny, drawing on advice from statutory consultees including Historic England, Marine Management Organisation, and Environment Agency. Legally, decision-makers must have regard to the content of these statements and to relevant international instruments such as the Aarhus Convention in relation to public participation. The statements also interact with statutory duties under the Equality Act 2010 and statutory environmental assessment regimes derived from the Environmental Assessment of Plans and Programmes Regulations 2004.
Content and Components
Each statement typically contains sections on need, policy aims, assessment principles, and specific considerations for project types. Templates include analysis of alternatives, residual and cumulative impacts, and mitigation requirements drawing on methodologies from bodies like the Committee on Climate Change and standards set by British Standards Institution. Components often include guidance on habitats and ecological considerations with reference to Ramsar Convention and Sites of Special Scientific Interest, traffic and transport assessments referencing Highways England standards, and grid connection policies referencing National Grid ESO. Financial and funding considerations may cite institutions like the European Investment Bank (historically) or UK institutions such as the Infrastructure and Projects Authority.
Consultation and Approval Process
Draft statements undergo formal consultation with statutory consultees and the public, involving submissions from local authorities including Greater London Authority, county councils like Essex County Council, and parish councils. Independent examiners from the Planning Inspectorate assess evidence before a ministerial decision. Parliament is informed via laid documents and may debate the designation; relevant debates occur in the House of Lords and the House of Commons Select Committees such as the Communities and Local Government Committee. Judicial review in the Administrative Court is a possible legal challenge route for stakeholders including campaign groups and developers.
Implementation and Monitoring
Once designated, National Policy Statements guide decisions on development consent orders and influence projects led by entities such as National Highways and energy developers like ScottishPower Renewables. Implementation monitoring draws on post-consent requirements enforced by local planning authorities and statutory bodies including Environment Agency and Natural England, with performance information reported to departments such as Department for Transport and Department for Business, Energy and Industrial Strategy. Periodic reviews may be triggered by major policy shifts—examples include responses to decisions by the Supreme Court or changes in international law following negotiations at forums like the United Nations Framework Convention on Climate Change.
Criticisms and Controversies
Critiques have centered on perceived democratic deficits, the balance between national need and local impacts, and the adequacy of environmental protections. Advocacy organizations such as ClientEarth and Friends of the Earth have challenged aspects in court, while industry bodies like the Institution of Civil Engineers have argued for clearer certainty to support investment. Controversial cases have involved high-profile projects and debates with local communities, exemplified by disputes near Stonehenge and coastal infrastructure facing opposition from groups including Surfers Against Sewage. Legal challenges in the Courts of England and Wales have tested the interaction between National Policy Statements and other statutory obligations.