The Planning and Infrastructure Bill 2025, introduced in March, proposes significant changes aimed at accelerating infrastructure delivery across England and Wales. While the reforms promise to streamline complex planning systems, they also present new challenges for landowners, developers, and local communities.
Nationally Significant Infrastructure Projects (NSIPs)
• Faster approvals for large-scale projects like transport, energy, and water.
• Reduced consultation: “Category 3 persons” may no longer be consulted in early phases.
• Limited challenge rights: Judicial review appeals are restricted if claims are deemed “totally without merit.”
Our View: These changes prioritise speed but reduce transparency. Landowners affected by NSIPs must act early to protect their interests.
Compulsory Purchase Orders (CPO) Reform
• Extends temporary land acquisition powers, and removes “hope value” in compensation for some acquisitions.
• No requirement for advance payments on temporary acquisitions.
Our View: These changes may place additional burdens on affected landowners. Early legal advice is essential to secure fair compensation.
Environmental Delivery Plans (EDPs)
• Developers will be subject to new environmental levies to offset biodiversity loss.
• Natural England will gain CPO powers to acquire land for mitigation.
Our View: Landowners may face new liabilities and risks. Environmental obligations must now be factored into planning strategies.
Local Planning and Fees
• Councils can set their own planning fees (within limits).
• Mandatory training for councillors on planning committees.
Our View: Increased local discretion could raise costs and create inconsistency. Smaller developers may be disproportionately impacted.
Strategic Planning and Devolution
• Regional spatial planning returns via combined authorities.
• No site allocations – strategic policies only.
Our View: Rural areas risk being deprioritised in favour of urban growth zones. Stakeholders should remain actively engaged with local plans.
What Should You Do?
Landowners:
Understand your rights under new CPO rules and prepare for possible EDP-related acquisitions.
Developers:
Budget for new environmental levies and be proactive in community consultation to avoid disputes.
Engage early in plan-making processes and seek legal guidance on your obligations and opportunities under the new regime.
For further advice contact Frank Smith & Co Solicitors on 01242 801 748 or visit www.franksmithandco.com
27.5.25