Government consults on further changes to Energy NPSs
In an article for Lexis Nexis, partners in our infrastructure planning team, Sarah Clark and Angus Walker discuss the revisions to the National Policy Statements for energy infrastructure.
National Policy Statements (NPSs) establish the framework for development consent applications and identify the national need for specific types of infrastructure. They also outline the assessment principles to be used when deciding whether to approve significant projects under Planning Act 2008.
Providing background to the revisions for the National Policy Statements, they dive into why the government decided to re-consult on the energy NPSs, what main changes were proposed to the existing NPSs and the government’s response to the consultation published in March 2023, amongst other points.
‘Crucially, PA 2008, s 104(3) creates a presumption that, where a designated NPS is in place, NSIP applications should be determined in accordance with it save in certain limited circumstances. These circumstances are where this would lead to a breach of international obligations or the Secretary of State being in breach of any statutory duty, where such a decision would be unlawful, or where the adverse impacts of the proposal outweigh the benefits, or that any condition prescribing that an application should be decided otherwise than in accordance with the NPS has been met.’
Subscribers are able to read the full article on the Lexis Nexis website.
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