1. Development Consent Order 

Often abbreviated to DCO.

The primary regime for major English infrastructure planning is the Development Consent Order (DCO) regime, established by the Planning Act 2008. This regime applies to Nationally Significant Infrastructure Projects (NSIPs), large-scale projects such as large energy, transport, and water schemes, and provides a single, overarching consent that replaces many individual permissions that would otherwise be needed. The Planning Inspectorate examines applications, with the final decision made by the relevant Secretary of State. The DCO regime covers offshore projects as well as terrestrial.

2. Development for National Significance/Significant Infrastructure Projects (Wales)

Often abbreviated to DNS and SIP.

Developments of National Significance (DNS) are based on the Planning (Wales) Act 2015, and these projects – such as major energy generation facilities, railways, or airports – are submitted to the Welsh ministers for planning permission instead of the local authority. Planning and Environment Decisions Wales (PEDW) manages the process.

The DNS regime is being replaced by Significant Infrastructure Projects on 16 December 2025. The SIP process has been brought into force through the Infrastructure (Wales) Act 2024 and associated regulations. It has higher thresholds than that of the DNS regime e.g. increasing from 10 MW to 50 MW for energy projects. The SIP process can grant orders, replicating the one-stop-shop nature of the DCO regime.

3. Planning permission

Most commonly related to the Town and Country Planning Act 1990 in England and Wales. Planning permission is only required if work being carried out meets the statutory definition of ‘development’ as set out in section 55 of the Town and Country Planning Act 1990 (as amended). A planning application is the process by which planning permission for a proposed development is usually sought, typically from the local planning authority (LPA).

4. Permitted Development Rights

Often abbreviated to PDR.

Permitted Development Rights are a national grant of planning permission that allows certain building works and changes of use to happen without a full planning application to a local authority. PDRs are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (the ‘General Permitted Development Order’). The types of development that are covered by PDRs are set out in Schedule 2 of the General Permitted Development Order 2015. PDRs are subject to specific conditions and limitations, which can vary based on location, property type, and the nature of the works, and sometimes require a 'prior approval' process from the local authority to assess aspects like design and impact.

Key infrastructure categories covered are:

• Telecoms infrastructure: Includes masts and cabinets under certain conditions.
• Transport and utilities: Some rights exist for statutory undertakers (e.g. Network Rail, water companies, electricity and gas networks) and local authorities to carry out works without consent.

Please note that in the event that an Environmental Impact Assessment is required, a scheme cannot benefit from the use of PDR. 

5. Local Development Order

Often abbreviated to LDO.

Local Development Order (LDO) legislation is enabled by the Town and Country Planning Act 1990 and subsequent regulations like the Town and Country Planning (Development Management Procedure) (England) Order 2015, which allow a local planning authority (LPA) to grant planning permission for specific types of development in a defined area, avoiding the need for a separate application. LDOs simplify planning, create investment certainty, and help to bring forward sustainable growth in designated areas, such as enterprise zones or around strategic transport hubs. They are increasingly being used for district heating networks, which do not qualify for PDRs.

6. Compulsory Purchase Order

Often abbreviated to CPO.

A Compulsory Purchase Order (CPO) is a legal process in the UK and Republic of Ireland that allows a public body, such as a local council, to acquire land or property without the owner's consent if it's for a public interest project like infrastructure development or urban regeneration, typically utilising S226 TCPA 1990. While landowners are entitled to fair compensation and can object to a CPO, the acquiring authority must demonstrate a strong public justification and follow a formal statutory procedure before the Secretary of State approves the order. 

Key legislation includes the Compulsory Purchase Act 1965 and the Land Compensation Act 1961, which also sets the rules for fair compensation including market value plus additional allowances and payment for professional advice. Recent legislative changes in the Levelling-up and Regeneration Act 2023 introduced powers to discount "hope value" and planning permission obtained under the CAAD regimes (Certificate of Appropriate Alternative Development) in compensation in certain circumstances. 

7. Harbour Revision and Empowerment Orders 

Often abbreviated to HROs and HEOs. 

Harbour Revision Orders (HROs) and Empowerment Orders (HEOs) are a type of local, delegated legislation created under the Harbours Act 1964 (or equivalent Scottish legislation) to provide modern powers to existing or new harbour authorities for efficient management, improvement, and operations. These orders, also known as Harbours Act Orders, allow for the modification of existing powers or the creation of new powers related to harbour works and management and include provision for the compulsory acquisition of land. The process involves screening, potential Environmental Impact Assessments, and confirmation by the relevant ministers or authorities. 

The Marine Management Organisation licenses projects located seaward of mean high water spring tide, other than those covered by HEOs, DCOs, TWAOs (see below) etc.

8. Transport and Works Act Order 

Often abbreviated to TWAO.

An order made under the Transport and Works Act 1992 (the TWA) is the usual way of authorising a new railway or tramway scheme in England and Wales. It can also be used for land reclamation in England.

A reminder of government plans 

The government’s Planning and Infrastructure Bill proposes to make some reforms which specifically impact infrastructure projects and associated consenting regimes, the key relevant reforms are as follows:

Compulsory Purchase Order 

The Bill looks to improve the CPO process and land compensation rules which it says is to enable more effective land assembly through public sector-led schemes. This includes allowing statutory notices to be delivered electronically, simplifying information required to be included in newspaper notices, more delegation of decisions, quicker vesting of land/properties, and changes to the loss payments regime. A more streamlined and efficient process will also enable authorities to make greater use of their compulsory purchase powers, with associated cost savings realised through faster acquisition decisions.

Energy infrastructure

The Bill includes measures to prioritise grid connections for clean energy projects to help achieve clean power by 2030, including wind and solar power. A ‘first ready, first connected’ system will be introduced.

Nationally Significant Infrastructure Projects

The Bill seeks to simplify Development Consent Order (DCO) procedures for Nationally Significant Infrastructure Projects and intends to amend pre-application consultation requirements to focus on planning matters rather than procedure. Updates to National Planning Statements will be required at least every five years to reflect the current context, amending aspects of pre-application consultation and acceptance stages for DCOs. 

Also announced are provisions to enable projects to use alternative consenting routes (e.g. the Town and Country Planning Act 1990) if appropriate and streamlining the judicial review process to remove the right to appeal for cases deemed totally without merit at the oral permission hearing and enabling Examining Authorities to award costs.

Further information

Contact Rob Asquith

Contact the Infrastructure group