Consultation outcome

Draft National Networks National Policy Statement consultation document

Updated 6 March 2024

This was published under the 2022 to 2024 Sunak Conservative government

Applies to England

Why we are consulting

The National Networks National Policy Statement (NNNPS) sets out the need for, and our policies to make, development of nationally significant infrastructure projects on the national road and rail networks in England

The NNNPS has been reviewed to ensure that it remains fit for purpose in supporting the government’s commitments for appropriate development of infrastructure for road, rail, and strategic rail freight interchanges.

This consultation seeks views on the draft amendments to the NNNPS, and the consultation questions are listed in the Consultation questions section of this document.

This consultation also seeks views on the appraisals of sustainability and habitats regulations assessments that have been carried out in relation to the draft NNNPS.

Review of the existing national networks NPS

The review has been conducted in line with guidance on the NPS review process published by the Ministry of Housing, Communities and Local Government. Consideration was given to whether significant changes in circumstance necessitated broader changes to the NPS as set out in section 6(4) of the 2008 Act.

Consideration was then given to whether the NPS should be withdrawn, amended or remain as is, in line with the requirements of section 6(5) of the 2008 Act. The review determined that the existing NNNPS should be amended.

Territorial extent

The NNNPS covers nationally significant infrastructure projects on road and rail networks in England, including strategic rail freight interchanges. In Scotland, Wales and Northern Ireland, the authorisation of all national networks projects are devolved to the Scottish Government, Welsh Government and Northern Ireland Assembly.

Introduction

National policy statements (NPSs) are designated under the Planning Act to provide guidance for decision-makers on the application of government policy when determining development consent for major infrastructure.

Their function is to set out, for the relevant sector, the need for new or expanded infrastructure, as well as detailed guidance on how impacts of developments are to be assessed and impacts mitigated. They set out the policy against which the relevant Secretary of State makes decisions on applications for development consent for nationally significant infrastructure projects, and bring together a range of social, environmental and economic policies with the objective of contributing to the achievement of sustainable development.

In setting out the government’s policies, NPSs are intended to provide clarity and certainty for scheme promoters and remove the need for lengthy planning inquiry consideration of fundamental questions at the application stage.

NPSs must undergo a process of public consultation and Parliamentary scrutiny before being formally designated.

The current NNNPS was designated in 2015 and sets out the government’s vision and approach to development of nationally significant infrastructure projects, and the policy against which the Secretary of State for Transport will make decisions on applications for nationally significant infrastructure projects on the road and rail networks.

A written ministerial statement was issued in July 2021, which included a commitment to review the NNNPS to reflect developments in government policy since the designation of the current NNNPS in 2015. The current NNNPS was written before the government’s legal commitment to net zero, the 10 point plan for a green industrial revolution, the new sixth carbon budget and the transport decarbonisation plan.

The documents being published alongside this consultation are:

• a draft NNNPS
• an appraisal of sustainability (AoS)
• a habitats regulations assessment (HRA)

This consultation seeks views on the AoS and HRA that have been carried out in relation to the draft NNNPS. AoS are required by the 2008 Act and are intended to help to ensure that NPSs take account of environmental, social and economic considerations, with the objective of contributing to the achievement of sustainable development. The aim of the HRA is to assess the implications of the NNNPS on protected habitats.

Transitional arrangements

While the review is undertaken, the current NNNPS remains relevant government policy for the purposes of the 2008 Act. It continues to provide a basis on which:

• applicants can prepare applications for development consent
• the planning inspectorate can examine them
• the Secretary of State can make decisions on them

The Secretary of State has decided that for any application accepted for examination before designation of the amendments to the NNNPS, the original NNNPS should have effect. The amended NNNPS will therefore only have effect in relation to those applications for development consent accepted for examination after the designation of those amendments.

Draft NNNPS summary

The following sections outline the changes made to NNNPS chapters as part of the review process and the rationale for making them.

Chapter 1: Introduction

Chapter 1 of the NNNPS is introductory. It explains the document’s role, its relationship with other key documents, the infrastructure it covers, its geographical coverage and the intended period of validity and review. It also provides a summary of the findings of the appraisal of sustainability and habitats regulations assessment.

The draft text has been updated to reflect the current regulatory framework. The text also contains new transitional provisions applicable during and following a review.

Chapter 2: National networks

Chapter 2 outlines the role and importance of national networks, recognising the broader context that national networks operate in. This includes outlining the continued role national networks play in a greener world and the measures that government is taking to decarbonise transport.

This is a new chapter in the NNNPS and replaces the “Wider government policy on the national networks” chapter in the existing NNNPS.

Chapter 3: Statement of need

Chapter 3 of the draft NNNPS establishes that there is a compelling need for development of the national networks at the strategic level.

The statement of need has been updated to move away from the focus on congestion and network overcrowding in the existing NNNPS, and instead identifies a range of challenges that national networks face and that can act as a driver for needing to bring forward interventions. These challenges are:

• maintaining network performance and meeting customer needs (for example, delays, congestion and network reliability)
• supporting economic growth
• ensuring resilience in networks (including adapting to climate change and technological changes)
• supporting the government’s environment and net zero priorities
• maintaining and enhancing the safety of national networks

Planning guidance has also been included for strategic rail freight interchanges (SRFIs), seeking to ensure that SRFIs are appropriately located and that the operational rail connection elements are brought forwards in a timely manner.

Chapter 4: General principles and considerations

Chapter 4 sets out general policies in accordance with which applications relating to national networks infrastructure are to be decided.

Changes have focused on future proofing, reducing repeated narrative and updating text. For example, the ‘Good design’ section has been updated to include the national infrastructure design principles. Chapter 4 also includes the addition of an accessibility section and biodiversity net gain section.

Chapter 5: Generic impacts

Chapter 5 provides guidance on impacts which are relevant to any national networks infrastructure development and sets out how these impacts should be considered.

Changes reflect updates to policy relating to generic impacts relevant to national network infrastructure.

Appraisal of sustainability and habitats regulations assessment

Appraisal of sustainability

The NPS has been subject to an appraisal of sustainability (AoS) which examines the likely social, economic and environmental effects of designating the NNNPS and the reasonable alternatives to the NNNPS.

The AoS identified uncertain effects related to greenhouse gas and air quality emissions, and significant positive effects on the economic impacts, user experience and safety. It also set out measures to mitigate and monitor the uncertain and significant effects and enhancements for all effects. The AoS was used to inform the preparation of the NNNPS and to promote sustainable development.

Habitats regulations assessment

A habitats regulations assessment (HRA) was undertaken on the NNNPS at a strategic level. The initial HRA screening exercise, the appropriate assessment and consideration of the alternatives determined that there were no feasible alternative solutions to the NNNPS and adverse effects remained possible. It was therefore necessary to consider imperative reasons of overriding public interest (IROPI) and compensatory measures. The IROPI was of an economic and social nature and therefore regulation 107 of the Habitats Regulations will apply to the NPS.  

Parliamentary scrutiny

As well as a public consultation exercise, the draft NNNPS will also be subject to Parliamentary scrutiny. The 2008 Act requires the government to lay each draft NPS before Parliament, and to respond to the recommendations of a committee of either House or a resolution of either House made within a specified period.

How to respond

The consultation period began on 14 March 2023 and will run until 6 June 2023. Please ensure that your response reaches us before the closing date.

The easiest way to respond is via the online questionnaire. You can find a link to the questionnaire in the Ways to respond section of the GOV.UK home page for this consultation.

If you can’t respond online, there is also a downloadable form plus an email and postal address.

When responding, please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation, please make it clear who the organisation represents and, where applicable, how the views of members were assembled.

Next steps

This consultation will close on 6 June 2023.

The government will consider responses it receives to the consultation, and outputs from Parliamentary scrutiny. The government will then issue a response to the consultation, including a summary of responses received, and revise the draft NNNPS as necessary.

If formally approved (“designated”) the NNNPS would then be the primary consideration for the planning inspectorate to examine, and for the Secretary of State to determine, applications for development consent for nationally significant infrastructure projects that are accepted for examination following its designation.

Full list of questions

These questions are listed here to give you an overview of what we are asking.

See the Ways to respond section of the GOV.UK home page for this consultation for an online response form and other ways to respond.

This consultation focuses on the consultation questions listed below. However, respondents are free to make other comments, and the government will consider these where appropriate. When considering responses to this consultation, the government will give greater weight to responses that are based on argument and evidence, rather than simple expressions of support or opposition, and those that provide reference to the specific sections of the NNNPS to which their comments relate.

Personal details

1. Respondent:

• Name
• Email

2. Whether the respondent is:

• an individual
• responding for an organisation

3. If you are responding for an organisation, what is the name of the organisation?

4. In your view does the draft NNNPS provide suitable information to those engaged in the process of submitting, examining and determining applications for development consent for nationally significant infrastructure projects on the:

• strategic road network?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree
  • Don’t know

• strategic rail network?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree
  • Don’t know

• strategic rail freight interchanges?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree
  • Don’t know

Explain why, referring to specific sections of the NNNPS in your response.

5. Does the draft NNNPS adequately set out:

• the need for developing national networks?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree
  • Don’t know

• our policy for addressing the need for the development of national networks?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree
  • Don’t know

Provide comments on improvements referring to specific sections of the NNNPS in your response.

6. In your view, is there any information missing from the “General principles and considerations” chapter?

• Yes
• No
• Don’t know

7. If yes, provide comments on missing information, referring to specific sections of the NNNPS in your response.

8. If yes, there is an option to provide any supporting evidence of your view (using file upload function)

9. Does the NNNPS support development of:

• freight facilities on the strategic road network, including lorry parking facilities?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree
  • Don’t know

• freight interchange infrastructure that encourages modal shift from road to rail?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree
  • Don’t know

Explain why, referring to specific sections of the NNNPS in your response.

10. In your view, are the changes to the strategic rail freight interchanges section useful for the NNNPS?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree
• Don’t know

11. Explain why, referring to specific sections of the NNNPS in your response.

12. Does, in your view, the NNNPS adequately address:

• carbon considerations in the development of national networks?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree
  • Don’t know

• wider environmental targets in the development of national networks?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly disagree
  • Don’t know

Explain why, referring to specific sections in your response.

13. In your view, is there any information missing from the Generic impacts chapter (chapter 5)?

• Yes
• No
• Don’t know

14. If yes, provide comments on missing information, referring to specific sections of the NNNPS in your response.

15. If yes, there is an option to provide any supporting evidence of your view (using file upload function).

16. Do you agree with the findings of the appraisal of sustainability?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree
• Don’t know

17. Explain why, referring to specific sections of the appraisals of sustainability in your response.

18. Do you agree with the findings of the habitats regulations assessment?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree
• Don’t know

19. Explain why, referring to specific sections of the HRA in your response.

20. The Public Sector Equality Duty (PSED) requires public bodies to consider the needs of people in relation to characteristics protected by the Equality Act 2010. Development applications must demonstrate due consideration for the PSED and wider obligations under the Act. The NNNPS supports applicants to consider this through its policies, including but not limited to accessibility, community severance and good design (paragraph 4.77).

Do you think the NNNPS could further support the aims of the PSED, particularly relating to the characteristics protected by the Equality Act 2010?

• Yes
• No
• Don’t know

21. If yes, please provide details of how the NNNPS could further support PSED aims, specifying the protected characteristic where possible and providing any supporting information you wish to be considered.

22. Any other comments?

Confidentiality and data protection

The Department for Transport (DfT) is carrying out this consultation on the 2022 draft of the National Networks National Policy statement. The DfT online form and survey privacy notice gives more information on how your personal data is processed in relation to this survey.

In addition to the information outlined in the privacy notice we are asking from organisations their name, for identification.

Information you provide in response to this consultation, including personal information, may be disclosed in accordance with UK legislation (the Freedom of Information Act 2000, the Data Protection Act 2018 and the Environmental Information Regulations 2004).

If you would like the information that you provide to be treated as confidential please tell us, but be aware that we cannot guarantee confidentiality in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not be regarded by us as a confidentiality request.

We will process your personal data in accordance with all applicable data protection laws. See our privacy policy.

We will summarise all responses and publish this summary on GOV.UK. The summary will include a list of names or organisations that responded, but not people’s personal names, addresses or other contact details.

Quality assurance

This consultation has been carried out in accordance with the government’s consultation principles.

If you have any comments about the way this consultation has been conducted, please email: [email protected].