When is a Road Scheme a NSIP?

Broadly, a roads-related development will be a NSIP when:

If a new highway:

  • it is to form part of, is for a purpose connected with, the 'Strategic Road Network' (effectively motorways and trunk roads for which the Secretary of State, through the Highways Agency, is responsible);

If it is an improvement to existing highway:

  • when the improvement is to a part of the Strategic Road Network and it is likely to have a significant effect on the environment.

This is irrespective of who promotes and undertakes the scheme. The new rules apply to private developers and local highway authorities as well as to the Highways Agency.

What is different about the new process?

The main differences are:

  • a more unified process under which a Development Consent Order (DCO) will authorise all of the works, including any associated development, and the compulsory purchase of land needed for it;
  • extensive and obligatory consultation;
  • A new process for hearing objections and representations.

How does the act work?

HM Government is to issue a 'National Policy Statement' (NPS) for the strategic road and rail network in England and Wales. This 'National Networks' policy must be approved by Parliament.

Once the National Networks NPS has been published and approved, an application for a roads-related NSIP must be consistent with it.

The application must be submitted to a new body, the Infrastructure Planning Commission (IPC), although this is soon to become part of the National Infrastructure Directorate (NID) within the Planning Inspectorate.

The applicant may apply to the IPC for a screening opinion to determine whether an Environmental Impact Assessment (EIA) is required. In the case of a road improvement, this will also determine whether it is indeed a NSIP or whether it may be authorised under the Highways Act. The applicant may also apply to the IPC for a scoping opinion which will determine the scope of the (EIA) that is required.

The process places great emphasis on 'front loading' the application  by requiring the applicant to:

  • consult fully on the proposal
  • prepare a sufficiently complete proposal;
  • make fully available supporting information to justify the proposal;
  • ensure that the scope and terms of the DCO are right for the project.

The consultation requirements are obligatory. An application will be rejected if they are not followed.

In most cases, the IPC will expect the consultation to be iterative, consulting  on options.

The examination stage is inquisitorial and so, where there is opposition, it does not give the applicant the same control that he would have under the public inquiry process.

The Act provides little scope for altering a draft DCO once it has been submitted.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.