If a Nationally
Significant Infrastructure Project (NSIP) is proposed in or near your
community, the Examination can seem daunting.
There may be thousands of pages
of documents, unfamiliar terminology and deadlines that don't fit neatly around
monthly – or less frequent – council meetings.
What's more,
recent changes to the NSIP process, which came into force on 24 July 2026, have
removed the previous statutory requirement for applicants to carry out
pre-application consultation. Early engagement is still encouraged, but any
meaningful consultation is no longer guaranteed as in the previous process.
This makes it particularly important for parish and town councils to be
proactive and make good use of the formal opportunities available once an
application has been submitted.
For councils
supported by a part-time clerk and volunteer councillors, the key is to focus
your limited time where it can make the biggest difference. You don't need to
become a planning expert or respond to everything. But you do need to
understand the process, register at the right time and clearly explain the
local issues that matter.
What is the Examination?
Once an
application for a Development Consent Order (DCO) has been submitted and
accepted by the Planning Inspectorate, it enters pre-examination. This is when
people and organisations can register to have their say, an Examining Authority* is appointed, and preparations are made
for the formal Examination.
The Examination
is mainly a written process, although hearings and site inspections may also
take place. The Examining Authority gathers and tests evidence before making a
recommendation to the relevant Secretary of State. The standard Examination
period is up to six months.
For a parish or
town council, this doesn't mean attending every hearing or producing lengthy
technical reports. Your time is better spent identifying the issues where you
have valuable local knowledge and making sure they are clearly put before the
Examining Authority.
Time-saving tip: nominate one
person - perhaps the clerk or a lead councillor - to monitor the project page on the Planning
Inspectorate's website, manage correspondence and flag only the deadlines
and documents requiring the council's attention.
* The Planning Inspector
or panel of Inspectors responsible for examining an NSIP application and making
a recommendation to the Secretary of State.
Before Examination: register and have your say
The Planning
Inspectorate specifically encourages parish and town councils to register
during pre-examination and provide full details of the issues they want
considered.
Once
registration opens, go to the project page and complete the ‘Register to have
your say’ form. Your Relevant Representation is submitted as part of this form.
A Relevant
Representation is your council's detailed comments on the application. It
should explain the issues you want the Examining Authority to consider rather
than simply stating that you support or oppose the scheme.
Registration
also ensures your council is plugged into the Examination process. Interested
Parties can make further written submissions, respond to questions, request to
speak at relevant hearings and ask to attend accompanied site inspections.
Your Relevant
Representation is particularly important because the Examining Authority
considers Relevant Representations when preparing its Initial Assessment of
Principal Issues, which is its early assessment of the main issues likely to require
examination.
Your response could include anything from traffic, noise and flooding to public
rights of way, landscape and community impacts.
Make your Relevant Representation count
A DCO
application can contain an enormous amount of information. Trying to review
every document is rarely realistic for a small council and it just isn't
necessary.
Instead,
concentrate on what you know that the Examining Authority may not. This might
include local roads and junctions, public rights of way, community facilities,
flooding, noise, landscape, local businesses or the effects of construction on
everyday life.
Your evidence
doesn't necessarily need to be technical.
Maps,
photographs, council records and clear examples of recurring local problems can
all help explain what happens on the ground. When preparing your
representation:
Focus on what matters - prioritise the issues
where you have useful local knowledge
Be specific - name affected roads,
paths and places and explain the potential impact
Use evidence where you can - simple local evidence can
strengthen your points
Say what you want - explain what change or mitigation
could address the issue
Keep it concise - avoid duplicating
evidence already being provided by others
Prepare early - agree your priority
issues before registration opens.
Time-saving tip: A simple way to
save time is to create one issues log with four columns: Issue, Where, Evidence,
What we want. Keep updating this rather than producing new documents each
time. Divide topics between councillors who know them best and, if you need
information from residents, ask targeted questions about priority issues rather
than trying to run a wide-ranging consultation.
The same issues
log can help you prepare your Relevant Representation and decide whether you
need to respond at later Examination deadlines.
What changed in 2026 – and why does it matter?
Recent changes
introduced by the Planning and Infrastructure Act 2025 removed the previous
statutory pre-application consultation requirements.
For parish and
town councils, this makes being proactive even more important. Don't assume a
formal consultation will provide your main opportunity to raise concerns.
Engage with the applicant early where possible, and be ready to register and
set out your issues once the application reaches the pre-examination stage.
The Act has also strengthened the role of the Initial Assessment of
Principal Issues in the planning process. This identifies the main issues the Examining
Authority expects will need to be examined and helps shape how the Examination
is conducted.
For parish and
town councils, the key action is to register and submit your Relevant
Representation by the published registration deadline. The Examining Authority
considers Relevant Representations received by this deadline when preparing its
Initial Assessment, so make sure your priority local issues are clearly set
out.
This doesn't
mean every issue you raise will become a principal issue, or that a relevant
new issue cannot be considered later. But setting out your key concerns clearly
and on time gives them the best opportunity to inform how the Examination is
planned and where its attention is focused.
Be selective
during the Examination
Once the
Examination starts, the Examining Authority publishes a timetable setting out
deadlines for different submissions. It can look intimidating, but you don't
have to respond to everything.
Time-saving tip: At each
deadline, it’s a good idea to ask yourself:
1.
Is this one of our priority local issues?
2.
Do we have something useful to add?
If yes, respond.
If not, your limited time may be better spent elsewhere. When you do respond,
keep it focused. Refer back to evidence already submitted rather than repeating
it and concentrate on what is new, such as a change to the proposals, new
evidence or an unanswered concern or mitigation that still needs to be secured. Registration
also ensures your council is plugged into the Examination process. Interested
Parties can make further written submissions, respond to questions, request to
speak at relevant hearings and ask to attend accompanied site inspections.
Your Relevant
Representation is particularly important because the Examining Authority
considers Relevant Representations when preparing its Initial Assessment of
Principal Issues, which is its early assessment of the main issues likely to require
examination.
Your response could include anything from traffic, noise and flooding to public
rights of way, landscape and community impacts.
Work with your principal council
Your district,
borough, county or unitary authority may have specialist planning, highways,
environmental and legal officers involved in the Examination. It’s a good idea
to find out who is leading their response so that you can share useful local
evidence and find out what issues they are covering. This can prevent
duplication and help you identify where your local knowledge can add something
different.
Principal
authorities may also submit a Local Impact Report, which has a specific role in
the NSIP process. Your evidence may help inform it.
It’s also
important not to assume the principal authority will make your council's case
for you. The Planning Inspectorate specifically encourages parish and town
councils to register and set out the issues they want considered themselves.
Your local knowledge is your strength
Parish and town
councils don't have endless resources. What you do have is detailed knowledge
of your community. You know which roads flood, where people walk, which
junctions cause problems, which facilities residents rely on and how
construction could affect everyday life.
Use that
knowledge strategically.
Register,
identify your priority issues, keep one good record and engage when you
genuinely have something useful to add.
You don't need
to comment on every document or respond at every deadline to make a meaningful
contribution. For a time-strapped council, being focused, organised and
specific is the best way to make your local knowledge - and your limited time -
count.
The Examination
is mainly a written process, although hearings and site inspections may also
take place. The Examining Authority gathers and tests evidence before making a
recommendation to the relevant Secretary of State. The standard Examination
period is up to six months.
For a parish or
town council, this doesn't mean attending every hearing or producing lengthy
technical reports. Your time is better spent identifying the issues where you
have valuable local knowledge and making sure they are clearly put before the
Examining Authority.
Time-saving tip: nominate one
person - perhaps the clerk or a lead councillor - to monitor the project page on the Planning
Inspectorate's website, manage correspondence and flag only the deadlines
and documents requiring the council's attention.
* The Planning Inspector
or panel of Inspectors responsible for examining an NSIP application and making
a recommendation to the Secretary of State.
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