National Policy Statements for NSIPs: how they work

 

A National Policy Statement, usually shortened to NPS, sets government policy for major infrastructure considered through the nationally significant infrastructure project regime. These are the large energy, transport, water, waste water and waste projects which can require a Development Consent Order under the Planning Act 2008 rather than an ordinary planning permission from the local planning authority.

The August 2026 National Planning Policy Framework makes the separation clear. It does not contain specific policies for nationally significant infrastructure projects. Instead, NSIPs are determined under the Planning Act 2008 and the relevant National Policy Statements, together with other matters which may be relevant.

This page explains what an NPS does, how it differs from the NPPF and the development plan, and why an NPS can sometimes matter even where a proposal is being dealt with through the ordinary planning system.

 

What is a National Policy Statement?

 

The Planning Act 2008 created the development consent regime for nationally significant infrastructure projects, normally referred to as NSIPs. National Policy Statements designated under section 5 of that Act provide the national policy framework for categories of major infrastructure.

Government guidance describes their core functions as establishing the need for the relevant type of infrastructure and providing the policy framework against which applications for development consent are prepared, examined and decided.

This is deliberately different from asking every examination to reopen the national policy case for the infrastructure. The NPS establishes the strategic policy position, leaving the application process to test the particular project against the relevant assessment principles and impacts.

 

Which projects use the NSIP regime?

 

Part 3 of the Planning Act 2008 defines categories and thresholds for nationally significant infrastructure. The regime covers major projects in fields including:

• Energy generation and electricity networks
• Roads, railways and strategic rail freight infrastructure
• Ports and airports
• Water resources and waste water
• Hazardous waste and other infrastructure covered by the Act

Whether a particular proposal is an NSIP depends on the statutory category and threshold, not simply on whether the project feels “large”. The Secretary of State also has powers under section 35 of the Planning Act to direct certain projects into the regime.

 

A Development Consent Order replaces the normal planning route

 

An NSIP is normally authorised through a Development Consent Order, or DCO. The application is examined through the Planning Inspectorate’s infrastructure process and the decision is made by the relevant Secretary of State.

A DCO can grant development consent and can also bring together a range of other powers and consents needed to deliver the project. This is why the regime is not simply a very large version of a normal planning application.

The local planning authority still has an important role, including through consultation, local impact reporting and engagement with the examination, but it is not the final decision-maker in the ordinary section 70 sense.

 

How does an NPS differ from the NPPF?

 

The NPPF provides national planning policy for plan-making and ordinary development proposals in England. National Policy Statements provide the principal policy framework for the infrastructure categories covered by the Planning Act 2008.

Paragraph 13 of the August 2026 NPPF says that the Framework contains no specific policies for NSIPs. Those projects are determined under the Planning Act 2008 and relevant NPSs, although other relevant matters may include the NPPF.

So an applicant should not treat the NPPF as though it replaces the relevant energy, transport, water or waste infrastructure NPS. Equally, the NPPF does not become irrelevant merely because a project is nationally significant: the statutory decision framework identifies what else may properly be taken into account.

 

How is a DCO application decided?

 

Where one or more National Policy Statements have effect for the development, section 104 of the Planning Act 2008 provides the principal decision-making framework. In deciding the application, the Secretary of State must have regard to the relevant NPS, any appropriate marine policy documents, any local impact report submitted in time, prescribed matters and any other matters considered both important and relevant to the decision. Section 104(3) then requires the application to be decided in accordance with the relevant NPS, except where one or more of the statutory exceptions in section 104(4) to (8) applies.

The Act then sets the circumstances in which a decision may depart from the policy direction in the NPS, including legal obligations and cases where adverse impacts would outweigh the benefits. The exact statutory test should be checked for the particular project rather than reduced to the ordinary development-plan balancing exercise.

Where no relevant NPS has effect, a different statutory decision route applies under section 105 of the Planning Act 2008.

 

National Policy Statements cover several infrastructure sectors

 

There is not one single NPS for all infrastructure. Different statements cover different sectors and technologies. The current framework includes statements dealing with energy, national networks, ports, airports, water resources, waste water, hazardous waste and geological disposal infrastructure.

The energy suite is itself divided into an overarching statement and technology-specific statements. Which documents apply therefore depends on the project.

Government maintains current NPS review information and sector documents on GOV.UK. Because individual statements are reviewed and replaced at different times, always check the current designation date rather than relying on an old project examination.

Check the current National Policy Statement review information on GOV.UK →

 

National Policy Statements now have a regular review cycle

 

The Planning and Infrastructure Act 2025 changed the review regime for NPSs. From 18 February 2026, the Planning Act requires a full review and subsequent amendment of each NPS no later than five years from designation or its last amendment, subject to a very limited statutory exception and transitional rules for existing statements. The Secretary of State can still review a statement sooner where circumstances require it.

That matters because infrastructure policy can change quickly. Energy technology, national networks, water needs and government strategy do not stand still, so a statement used for an older DCO may no longer be the current statement for a new project.

 

Can an NPS matter to an ordinary planning application?

 

Yes, potentially. The 2026 NPPF says National Policy Statements may, where relevant, be a material consideration when development plans are prepared and when ordinary planning applications are decided.

That does not turn an NPS into part of the statutory development plan, and it does not mean every infrastructure policy is relevant to a smaller local proposal. The decision-maker needs to identify whether the particular NPS contains a genuinely relevant policy consideration.

This can arise, for example, where an ordinary application relates closely to nationally important energy or transport infrastructure but falls below the NSIP threshold.

 

Do not confuse NPS, NPPF and Local Plan policy

 

They occupy different places in the planning system:

• National Policy Statement – national infrastructure policy under the Planning Act 2008, principally for NSIP decision-making
• NPPF – national planning policy for plan-making and ordinary development proposals in England
• Development plan – the statutory local and strategic planning documents which normally form the starting point for ordinary planning applications

There can be overlap in subject matter, but the legal decision route determines which framework is doing the main work.

Other Planning Policy Sections

 

National Policy Statements Page Updated: 30th August 2026