The Infrastructure Planning (Timetable for Deciding Request for Direction) Regulations 2026

The Infrastructure Planning (Timetable for Deciding Request for Direction) Regulations 2026, effective from 24 July 2026, introduce crucial statutory deadlines for the Secretary of State to determine specific requests under the Planning Act 2008. These regulations mandate a 35-day primary deadline for deciding requests made under section 35B(1) of the 2008 Act, which concern disapplying the requirement for development consent for certain projects. This development is a direct response to ongoing efforts to streamline the Nationally Significant Infrastructure Project (NSIP) regime, aiming to inject greater certainty and efficiency into a procedural aspect often criticised for delays. Practitioners involved in major infrastructure projects must familiarise themselves with these new, firm timelines to navigate the evolving landscape of UK infrastructure planning.

The landscape of infrastructure development in Great Britain is undergoing significant reform, driven by a governmental imperative to accelerate the delivery of nationally significant projects. A key procedural enhancement in this regard is the introduction of The Infrastructure Planning (Timetable for Deciding Request for Direction) Regulations 2026. These Regulations, made on 30 June 2026 and coming into force on 24 July 2026, establish a statutory timetable for the Secretary of State’s decisions on specific requests for direction under the Planning Act 2008 (c. 29).

This new statutory instrument marks a targeted effort to address historical delays and provide greater certainty within a critical, albeit often overlooked, stage of the Nationally Significant Infrastructure Project (NSIP) process. By imposing firm deadlines, the Regulations aim to foster a more predictable environment for developers, local authorities, and other stakeholders. This article will delve into the background of the NSIP regime, analyse the specific provisions and implications of the 2026 Regulations, and consider their practical impact on legal professionals navigating the complex world of infrastructure planning.

The Planning Act 2008 (c. 29) fundamentally reshaped the consenting process for major infrastructure projects in the United Kingdom, establishing the Nationally Significant Infrastructure Project (NSIP) regime. This framework was designed to streamline approvals for large-scale developments such as power stations, airports, major roads, and railways, which are deemed to be of national importance. Instead of multiple consents, NSIPs require a single Development Consent Order (DCO), which is granted by the relevant Secretary of State following an examination process conducted by the Planning Inspectorate.

Central to the NSIP regime are various powers of direction vested in the Secretary of State. Notably, Section 35 of the Planning Act 2008 allows the Secretary of State to direct that a project, which might not otherwise meet the statutory thresholds, be treated as an NSIP (a 'direct-in' power). Conversely, Section 35B, inserted by the Planning and Infrastructure Act 2025, provides for requests to *disapply* the requirement for development consent for certain projects. Historically, the absence of statutory deadlines for such directions has contributed to uncertainty and potential delays, a persistent criticism of the broader planning system where decision-making times often exceed statutory targets. The 2026 Regulations specifically target these Section 35B requests, aiming to bring much-needed procedural rigour to this aspect of the consenting process.

The Infrastructure Planning (Timetable for Deciding Request for Direction) Regulations 2026 directly address the procedural lacuna concerning Section 35B(1) requests under the Planning Act 2008. The core of these Regulations lies in Regulation 2, which stipulates a "primary deadline" of 35 days for the Secretary of State to make a decision on a qualifying request. This 35-day period commences on the day the request is received. This firm deadline is a significant departure from previous practice, where the absence of a statutory timeframe could lead to protracted periods of uncertainty for project promoters and other interested parties.

Regulation 3 introduces a mechanism for dealing with requests for further information. If the Secretary of State requires additional information before the initial 35-day period expires, the person making the request must provide it within 21 days. Following the expiry of this 21-day period, or the actual receipt of the information (whichever is sooner), a new 35-day clock for the decision begins. This structured approach prevents indefinite delays even when further details are necessary, ensuring that the process maintains momentum. The legal authority for these Regulations stems from Section 35D of the Planning Act 2008, a provision itself introduced by Section 4 of the Planning and Infrastructure Act 2025 and effective concurrently with these Regulations on 24 July 2026.

The implications for practitioners are substantial. The introduction of these fixed timetables enhances predictability, allowing for more accurate project planning and risk assessment. Developers can now anticipate a definitive timeframe for a decision on whether their project will be exempted from the DCO regime, which can significantly influence project strategy and investment decisions. Conversely, the Regulations also provide a clearer basis for challenging administrative inaction through judicial review, should the Secretary of State fail to adhere to the prescribed deadlines. While the Regulations do not alter the substantive criteria for granting or refusing a direction, they fundamentally change the procedural expectations, aligning with the broader government agenda of "streamlining infrastructure planning" as outlined in the Planning and Infrastructure Act 2025. This legislative package aims to make the NSIP system more consistent, focused, and proportionate, ultimately contributing to faster decision-making for critical infrastructure projects.

The Infrastructure Planning (Timetable for Deciding Request for Direction) Regulations 2026 represent a targeted yet impactful reform within the UK's infrastructure planning framework. By establishing clear, statutory deadlines for decisions on Section 35B(1) requests, these Regulations address a long-standing source of uncertainty and delay in the Nationally Significant Infrastructure Project (NSIP) process. This move is consistent with the broader objectives of the Planning and Infrastructure Act 2025 and the government's commitment to accelerating the delivery of vital infrastructure.

For practising attorneys and legal professionals, these Regulations necessitate a thorough understanding of the new 35-day primary deadline and the 21-day information request mechanism. Advising clients involved in NSIPs will now require meticulous attention to these timelines, both in making requests and in monitoring the Secretary of State's adherence. While these are procedural changes, their practical effect on project certainty and the ability to hold decision-makers accountable is profound. Practitioners should closely monitor the initial implementation of these Regulations and any subsequent guidance or case law that emerges, as the strict application of these deadlines will be crucial to realising the intended benefits of a more efficient and predictable infrastructure planning system.