The government does not intend to introduce new primary legislation to amend the Planning Act 2008 to transfer decision-making powers for NSIPs from Secretaries of State to an independent panel or to a vote in Parliament.

Parliament has conferred responsibility for determining applications for development consent under the Planning Act 2008 to the relevant Secretary of State. This includes decisions on Nationally Significant Infrastructure Projects (NSIPs) such as major train lines and power stations.

While this function sits with the Secretary of State, it must be exercised in accordance with the statutory framework passed by Parliament, following an examination by an appointed Examining Authority. Ministerial decisions are subject to transparency requirements and can be legally challenged.

The Planning Act 2008 establishes a system that combines independent examination with Ministerial decision-making that is accountable. Before a decision is made, applications are subject to detailed examination by an independent Examining Authority appointed by the Planning Inspectorate (acting on behalf of the Secretary of State). Local communities, local authorities, statutory bodies and other interested parties have opportunities to submit evidence and make representations during this process. The Examining Authority then produces a recommendation report for the relevant Secretary of State.

The government considers it appropriate that final decisions on nationally significant infrastructure remain with Ministers. Within the legal and policy framework, these projects often require the balancing of a range of considerations of national importance, including economic growth, energy security, transport connectivity, environmental protection, local impacts and the infrastructure need.

To provide greater transparency about how decisions are made, in July 2026 the government published guidance on the decision-making stage of NSIP applications. This guidance sets out that decisions must be taken in accordance with the statutory framework in the Planning Act 2008 (and secondary legislation). It also explains the role of the Secretary of State, the safeguards that apply where Ministers differ from the Examining Authority's recommendation and the routes available for legal challenge.

Planning propriety guidance sets out that decisions must be approached with an open mind, be fair and unbiased, and avoid conflicts of interest or any appearance of impropriety.

Where a National Policy Statement has effect, the Secretary of State must decide the application in accordance with that relevant national policy statement, subject to limited statutory exceptions. In all cases, the Secretary of State must also have regard to any local impact reports, and any other matters that are important and relevant to the decision.

While the Secretary of State is not required to follow the Examining Authority's recommendation, there are important safeguards where a different conclusion is reached. If the Secretary of State proposes to disagree with the Examining Authority on a material matter of fact or wishes to rely on new evidence, interested parties must be notified (with reasons) and given an opportunity to make written representations before a final decision is taken.

The Secretary of State is also required to prepare and publish a statement of reasons explaining why development consent has been granted or refused. The Examining Authority's recommendation report, the decision letter and other key documents are published, providing transparency about how decisions have been reached.

Furthermore, decisions remain subject to challenge through the courts. Any person with sufficient interest may apply for judicial review within the statutory time limits.

Ministry of Housing, Communities and Local Government