Apply for development consent for major infrastructure

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 for most technologies. From 31 December 2025, ground-mounted solar has a higher 100MW threshold and onshore wind was brought back into the NSIP regime at 100MW (Infrastructure Planning (Onshore Wind and Solar Generation) Order 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.

Change on the horizon: The Planning and Infrastructure Act 2025 (which received Royal Assent on 18 December 2025) repeals the statutory pre-application consultation requirements in sections 42 to 49 of the Planning Act 2008, replacing them with a duty to have regard to Secretary of State guidance. These provisions are not yet in force: the government's implementation plan expects commencement between late spring and summer 2026. Until commencement, the statutory consultation regime described below continues to apply in full - but if you are starting pre-application work now, check the current position with the Planning Inspectorate, as the requirements may change before you submit.

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.

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: