What this guide covers

If you're planning a major infrastructure project in England or Wales - such as a power station, wind farm, major road, or large water facility - you may need to apply for a Development Consent Order (DCO) rather than standard planning permission. This is the legal consent required for Nationally Significant Infrastructure Projects (NSIPs).

The DCO process is fundamentally different from local planning applications. It involves direct examination by the Planning Inspectorate and a decision by a Secretary of State. While more complex, it provides a streamlined route with a single consent covering planning permission, compulsory purchase powers, and other authorisations in one decision.

This guide explains when you need a DCO, how the six-stage process works, what it costs, and how to navigate the examination. It also covers how businesses and landowners affected by proposed NSIPs can participate in the process.

Does your project qualify as an NSIP?

The Planning Act 2008 defines specific thresholds that determine whether a project requires a DCO. Different thresholds apply to different types of infrastructure.

If your project meets any of these thresholds, you must apply for a DCO rather than seeking planning permission from the local authority. Starting construction without DCO consent is a criminal offence.

Energy infrastructure thresholds

Energy projects trigger the NSIP regime at the following capacities:

Onshore generating stations: More than 50MW capacity (increased to 100MW for solar from 2025)
Offshore generating stations: More than 100MW capacity
Overhead electricity lines: 132kV or above (in England) or 66kV or above (in Wales)
Gas pipelines: More than 40km length or cross-country pipelines
LNG facilities: Storage capacity exceeding prescribed thresholds

For offshore wind farms, both Section 36 consent under the Electricity Act 1989 (for generation) and a DCO (for the wider infrastructure) may be needed. The Planning Inspectorate can advise on the appropriate route during pre-application discussions.

Transport infrastructure thresholds

Highways: Construction or improvement of highways where the Secretary of State is the highway authority, or where it significantly affects the strategic road network
Railways: New railways, major alterations to existing lines, or rail freight interchanges handling specified volumes
Airports: Alterations to airports with more than 10 million passengers annually, or creating new runway capacity at such airports
Ports and harbours: Construction of harbour facilities with significant capacity or alterations to major ports

Water and waste infrastructure thresholds

Waste water storage: Capacity exceeding 350,000 cubic metres
Waste water treatment: Alterations increasing capacity by more than 500,000 population equivalent
Water supply: Reservoirs exceeding 10 million cubic metres, or transfers exceeding 100 million litres per day
Waste facilities: Hazardous waste treatment with certain throughputs

The Section 35 route for business projects

Not all NSIPs are traditional infrastructure. If you're developing a business or commercial project of national significance that doesn't meet the standard thresholds, you may be able to use the NSIP regime through a Section 35 direction from the Secretary of State.

This route is increasingly used for strategic commercial developments such as major logistics hubs, data centres (from 2025), and resource extraction projects.

When to consider Section 35

The Section 35 route may be appropriate if your project:

Has significant economic impact at a national level
Is important for driving growth in the UK economy
Would benefit from the certainty of a single decision-maker
Requires compulsory purchase powers that would otherwise need separate authorisation

However, the route has limitations. You cannot include residential dwelling construction in a Section 35 direction. Projects in Greater London require the Mayor's consent.

Applying for a Section 35 direction

Submit a qualifying request to the relevant Secretary of State explaining:

Why your project is of national significance
The economic impact and growth contribution
Why the DCO route is more appropriate than local planning
How you meet the prescribed project descriptions

There is no formal application form. The Secretary of State will assess whether the project merits NSIP treatment. If granted, you then follow the standard DCO process.

The six-stage DCO process

The Development Consent Order process has six formal stages. Understanding each stage is essential for project planning and budgeting.

Stage 1: Pre-application (typically 2 years)

The pre-application stage is where you prepare your DCO application, conduct statutory consultation, and engage with the Planning Inspectorate. This is typically the longest stage, often taking 2 years or more for complex projects.

Inception Meeting

Start by requesting an Inception Meeting with the Planning Inspectorate. This meeting:

Confirms your project is an NSIP (or that you're seeking a Section 35 direction)
Agrees a Programme Document setting out pre-application timetable and milestones
Identifies key risks and consultation strategy
Establishes your point of contact at the Inspectorate

Environmental Impact Assessment

Most NSIPs require Environmental Impact Assessment (EIA). You should:

Request an EIA Scoping Opinion from the Planning Inspectorate
The Inspectorate consults statutory bodies (including the Health and Safety Executive) on what the EIA should cover
Conduct the required surveys, assessments, and modelling
Prepare an Environmental Statement as part of your application

Allow sufficient time for ecological surveys, which must often be conducted during specific seasons.

Community consultation requirements

Before you can submit a DCO application, you must demonstrate you have properly consulted affected parties. The Planning Act 2008 prescribes specific consultation requirements.

Prepare a Statement of Community Consultation (SoCC)

Draft a SoCC describing how you will consult the local community. This must include details of who you will consult, how (events, materials, channels), and for how long. The SoCC must be consulted on with relevant local authorities before finalising.
Consult prescribed bodies (Section 42)

Send consultation documents to all prescribed bodies, relevant local authorities, and persons with interests in the land. Allow at least 28 days for responses - longer for complex projects. The list of prescribed bodies was updated in April 2024.
Consult the local community (Section 47)

Conduct community consultation as set out in your SoCC. Hold public events, provide accessible information, and actively engage with affected communities. Encourage feedback before formal consultation closes.
Publicise the proposed application (Section 48)

Place notices in local and national newspapers. The publicity must include details of where consultation documents can be viewed and how to respond.
Hold adequacy checkpoint

Approximately 3 months before intended submission, review whether your consultation meets statutory requirements. Consider whether responses have been adequately addressed and whether any gaps need filling.
Prepare Consultation Report

Document all consultation undertaken, summarise responses received, and explain how they have influenced your proposal. This report is a mandatory part of your application and is scrutinised by the Planning Inspectorate.

Consultation is critical

Inadequate consultation is one of the most common reasons for DCO applications being rejected or delayed at the acceptance stage. The Planning Inspectorate will assess:

Whether all statutory consultees were consulted
Whether response periods were adequate
Whether consultation materials were accessible and understandable
Whether genuine regard was had to consultation responses

Invest time and resources in consultation. It is not a box-ticking exercise - it shapes your application and can identify issues that would otherwise emerge during examination.

Stage 2: Acceptance (28 days)

Once you submit your DCO application to the Planning Inspectorate, they have 28 days to decide whether to accept it for examination.

What the Inspectorate checks

Is the project an NSIP (or subject to Section 35 direction)?
Has the applicant complied with statutory consultation requirements?
Are all required application documents present and complete?
Does the Environmental Statement (if required) contain required information?

Acceptance decision

Accepted: The application proceeds to pre-examination. The Inspectorate publicises the accepted application.
Rejected: The Inspectorate explains why and you can address deficiencies and resubmit. Common reasons include inadequate consultation, missing documents, or incomplete Environmental Statement.

You pay application fees when you submit. Fees are not refunded if the application is rejected.

Stage 3: Pre-examination

After acceptance, there is a period for:

Notification: The applicant notifies affected parties under Section 56
Registration: Anyone wishing to participate can register as an Interested Party by making a Relevant Representation
Appointment: The Planning Inspectorate appoints an Examining Authority (either a single inspector or a panel for complex cases)
Preliminary Meeting: The Examining Authority holds a meeting to set out the examination timetable and procedures

Becoming an Interested Party

If you're affected by a proposed NSIP - whether as a landowner, neighbouring business, or community member - you can participate in the examination.

Stage 4: Examination (6 months)

The examination is where the Examining Authority considers all evidence and representations. Unlike local planning inquiries, NSIP examinations are primarily written, supplemented by hearings where needed.

How examination works in practice

The examination period is 6 months maximum (or 4 months under the new fast-track route for quality standard NSIPs introduced in 2025). During this time:

Written questions: The Examining Authority issues written questions to the applicant and Interested Parties. You must respond by the deadline.
Issue-specific hearings: The Authority may hold hearings on particular topics such as environmental impact, traffic, or economic effects.
Compulsory acquisition hearings: If the DCO seeks compulsory purchase powers, Affected Persons can request hearings to make their case.
Open-floor hearings: Interested Parties can request to speak at open sessions on any matter.
Site inspections: The Authority may visit the site and surrounding area.

Tips for effective participation

Read the examination timetable carefully and note all deadlines
Written representations carry equal weight to oral statements - don't feel you must attend hearings
Focus on planning-related matters; the examination cannot address grievances outside its scope
Respond to questions directly and concisely
Seek professional advice if your land is subject to compulsory acquisition

Stage 5: Recommendation and decision (6 months)

After the examination closes:

Examining Authority report (3 months)

The Examining Authority prepares a report to the relevant Secretary of State with a recommendation on whether to grant or refuse the DCO. This report:

Summarises the principal issues examined
Sets out the Examining Authority's conclusions on each issue
Makes a recommendation with reasons

Secretary of State decision (3 months)

The relevant Secretary of State (Energy for energy projects, Transport for transport projects, etc.) considers the report and makes the final decision. The decision must:

Have regard to the applicable National Policy Statement (if one exists)
Consider the Examining Authority's recommendation
Give reasons for agreeing or disagreeing with the recommendation

The decision can be to grant the DCO (with or without modifications), refuse it, or in some cases defer for further information.

National Policy Statements

Decisions on NSIPs must accord with relevant National Policy Statements (NPSs) unless the adverse impact of doing so would outweigh the benefits. Current NPSs cover:

Energy (updated January 2024)
National Networks - roads and rail (updated May 2024)
Ports (2012)
Airports (2018)
Waste Water (2012)
Hazardous Waste (2013)
Water Resources (July 2025)

Stage 6: Post-decision

Judicial review period (6 weeks)

There is a 6-week period during which the decision can be challenged in the High Court. Challenges must be on legal grounds (illegality, procedural impropriety, or irrationality), not simply disagreement with the decision.

Implementation

If the DCO is granted and no successful challenge is made, you can implement your project. The DCO typically:

Grants planning permission for the development
Authorises compulsory acquisition of land (if sought)
Disapplies or modifies other consents that would normally be required separately
Sets conditions that must be satisfied before or during construction

Monitor compliance with DCO conditions carefully. Breach of conditions can result in enforcement action.

If your property is affected by an NSIP

If you own or occupy property that may be affected by a proposed NSIP, you have rights to participate in the examination and, in some cases, to require the developer to purchase your property.

Affected Person rights

If the DCO application includes compulsory acquisition of your land or rights over your land, you are an 'Affected Person'. This gives you:

Automatic Interested Party status - no need to make a Relevant Representation
Right to request and participate in Compulsory Acquisition Hearings (only Affected Persons and the applicant can speak at these)
Entitlement to compensation at open market value if acquisition proceeds
Right to challenge the compulsory purchase on legal grounds

Check the 'Book of Reference' in the DCO application to see if your property is listed.

Blight notices

If you're an owner-occupier of business property affected by a proposed NSIP, you may be able to serve a blight notice requiring the acquiring authority to purchase your property before the DCO is granted.

Compensation principles

If your land is compulsorily acquired under a DCO, compensation is assessed on the basis of:

Market value: What a willing seller would receive from a willing buyer in the open market
Severance and injurious affection: Reduction in value of retained land caused by the acquisition
Disturbance: Reasonable costs of relocating your business
Professional fees: Costs of surveyors and lawyers advising you

Compensation disputes can be referred to the Upper Tribunal (Lands Chamber). Seek specialist advice early if your property is affected.

MANUFACTURING & ENGINEER… Requirement

Energy NSIPs must be assessed against the relevant Energy National Policy Statement (updated January 2024). The NPS establishes that there is an urgent need for new energy infrastructure, which weighs heavily in favour of granting consent.

Grid connection: Securing a grid connection from National Grid is a critical path item. Grid capacity constraints and connection delays increasingly affect project timelines. Engage with National Grid early and factor connection timescales into your programme.

Offshore wind: The Crown Estate leasing process runs separately from DCO consent. You need both a Crown Estate lease and DCO to proceed with offshore generation.

TRANSPORT & LOGISTICS Requirement

Road and rail NSIPs are assessed against the National Networks National Policy Statement (updated May 2024). This establishes the need for strategic road and rail improvements.

Design standards: Highways projects must meet Design Manual for Roads and Bridges standards. Rail projects must satisfy Network Rail requirements. Departures from standards require specific justification.

Traffic modelling: Transport NSIPs require robust traffic modelling to demonstrate effects on the network. Allow time for model development and validation.

MANUFACTURING & ENGINEER… Requirement

Water supply and waste water NSIPs are assessed against the Water Resources NPS (July 2025) and Waste Water NPS (2012).

Environment Agency: Water NSIPs typically require environmental permits from the Environment Agency in addition to DCO consent. Consider whether permits can be included in the DCO or must be sought separately.

Water Resources Management Plans: Water supply projects should align with the relevant water company's Water Resources Management Plan.

Costs and timeline planning

DCO applications are significant undertakings requiring substantial investment in preparation, consultation, and professional advice.

Typical costs

Application fees: Fees vary by project type and are payable to the Planning Inspectorate. For large energy projects (over 100MW), expect fees in the region of £65,000 to over £100,000.
Environmental Impact Assessment: EIA preparation for major projects typically costs £500,000 to several million pounds depending on complexity and survey requirements.
Consultation: Budget £100,000 to £500,000+ for comprehensive statutory consultation including events, materials, and staff time.
Professional fees: Legal, planning, engineering, and other professional support throughout the process adds substantially to costs.
Examination participation: Attending hearings and responding to examination questions requires ongoing resource.

Timeline expectations

From inception to DCO grant, expect:

Pre-application: 2 years typical (can be longer for complex projects)
Acceptance to decision: 12-18 months statutory timeline
Total: 3-4 years is common; some projects take longer

The government's target is 150 NSIP recommendations by 2029, reflecting ambitions to accelerate infrastructure delivery. The new fast-track examination route (4 months instead of 6) for projects meeting quality standards may help reduce timelines.

Common pitfalls to avoid

Consultation failures

Not consulting all prescribed bodies (the list was updated in 2024)
Insufficient response periods for complex proposals
Failing to have genuine regard to consultation responses
Inaccessible consultation materials (technical jargon, no non-technical summary)

Application quality

Incomplete Environmental Statement - missing baseline data or assessment of alternatives
Inconsistencies between application documents
Draft DCO that doesn't align with what's described in other documents
Inadequate justification for compulsory acquisition

Programme management

Underestimating pre-application duration, especially for ecological surveys
Not allowing contingency for grid connection delays
Submitting before consultation adequacy has been verified
Inadequate resource for examination participation

Getting started

If you're considering a project that may be an NSIP:

Confirm your project is an NSIP

Check thresholds against your project parameters. If in doubt, request early advice from the Planning Inspectorate. If your project doesn't meet thresholds, consider whether Section 35 direction is appropriate.
Request an Inception Meeting

Contact the Planning Inspectorate's National Infrastructure team to arrange an Inception Meeting. This is free and establishes your engagement with the Inspectorate.
Appoint experienced advisers

Engage planning consultants, lawyers, and environmental consultants with NSIP experience. The process has specific requirements that general planning experience may not cover.
Request EIA Scoping Opinion

If your project requires EIA (most NSIPs do), request a Scoping Opinion to establish what the Environmental Statement must cover.
Prepare consultation strategy

Develop your Statement of Community Consultation early. Allow time for local authority consultation on the draft SoCC.
Plan realistically

Build a realistic programme with contingency. Pre-application typically takes 2+ years. Factor in seasonal constraints for surveys, grid connection timescales, and examination preparation.

Planning Inspectorate NSIP applications

🧪 Business Context Testing

◉ Content Graph