In our Special Issue May edition newsletter we floated the idea of creating a new form of consent for infrastructure projects (or some categories thereof), which would be both faster overall and less resource intensive throughout. Our central thesis was that both factors are important in order to free up enough trained human resources to deliver the infrastructure the UK needs in the next ten years – recognising that it is impossible to magic out of thin air double/treble/more the current number of lawyers, environmental consultants and planners needed to staff the current system. We outlined some of the elements such a regime might have, stressing it was very much a straw man to spark engagement with friends and colleagues over the summer.
We're not the only ones to have suggested that a brand new regime might be the way to go. Among others, the Tony Blair institute has suggested this, as have the thinktank Britain Remade.
The Government's approach has instead been to propose changes to the existing DCO regime, through a series of consultations on "NSIP Reforms" which we've documented in our newsletters – most recently the Government consultation launched on 25 July 2023, which we discussed in our July newsletter.
We've explained why we're underwhelmed by the Government's proposed tinkering with the NSIP regime. But it's also fair to say that following further thought and our engagement with others over the summer, we've also moved away from supporting the creation of a brand new regime. Never let it be said that consultation doesn't lead the consulter to change their mind!
Our revised suggestions and their underlying rationale are set out in this detailed article here.
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