On 27 July 2026, the Planning Inspectorate updated several of its NSIP advice pages following changes to the Planning Act 2008 (introduced by the Planning and Infrastructure Act 2025), which came into force on 24 July 2026.
The change has been well publicised: the statutory pre-application consultation requirements have been removed.
But what does this mean in real terms for people and organisations who are affected by a DCO?
Once a DCO application has been accepted for examination, the relevant representation process will remain. This is the formal route through which people and organisations can register as interested parties and participate in the examination. The Government’s new guidance is a strong indication that these representations will need to carry real weight.
Relevant representations are expected to set out the party’s principal case, the key issues, the reasons relied upon, supporting evidence, and where possible, suggested mitigation. In other words, a simple ‘we object’ is not going to be sufficient.
The relevant representation window is relatively short: at least 28 days, or 30 days for EIA development and normally no more than six weeks. For major infrastructure that leaves very little time for:
· Understanding a potentially huge application;
· Identifying the key issues that matter;
· Commissioning technical or specialist advice; and
· Assessing land, environmental, transport or other impacts.
Once the examination commences, the expectation is that written representations will generally develop the issues identified in the relevant representation, rather than introducing entirely new considerations.
For anyone affected by an NSIP, the formal opportunity to make a relevant representation still stands, but clients should be ready to use it effectively when the application is accepted.
The new regime may ultimately produce a more proportionate and focused DCO process.
But for those affected by major infrastructure projects, early awareness and preparation could be more important than ever.
