Stantec’s takeaways from the new National Policy Statement for water resources infrastructure

Stantec, a global leader in sustainable design and engineering, is sharing its initial takeaways from the release of the Government’s long-awaited National Policy Statement (NPS) for nationally significant water resources projects.

The NPS will form the basis for decision-making on Development Consent Order (DCO) applications for the construction of new, or the expansion of existing, water resources infrastructure in England or in waters adjacent to England. It aims to streamline the planning permission process for nationally significant water infrastructure projects.

It provides assessment principles, as well as more detailed guidance on the construction and operational impacts of these projects

Stantec’s Infrastructure planners and advisers from the Company’s Water teams have reviewed the NPS and outlined their initial takeaways as being:

1. The key upfront priority for a water infrastructure project is to establish its ‘need’. The NPS is clear on this where a scheme is published in a final Water Resources Management Plan (WRMP), advising that the ‘need’ for that scheme ‘will’ have been demonstrated and does not need to be revisited.
2.  Applications for development consent for projects which do not meet the nationally significant infrastructure project criteria will also be considered but the case for its need is less clear. The NPS advises that where a project has been identified as a preferred option in a final WRMP, the NPS ‘will’ apply. Where a scheme is not present in a WRMP, the case will need to be made and would be considered on a case-by-case basis with respect to the principles in the NPS.
3.  An applicant must submit with its DCO application a clear assessment of the proposal in the context of the WRMP, the results of the annual review process, and anything relevant to the development consent application.
4. There is a new requirement to submit a statement explaining how the proposed infrastructure delivers value for money by reference to the analysis in the WRMP.
5. The NPS provides direction on when alternatives might be relevant and how these should be considered in the determination process, but overall, the requirement to consider alternatives does not seem as explicit as that within the latest draft NPS for energy infrastructure, perhaps because of its reliance on the WRMP to assess options and set strategy.
6.  The NPS may be an important or relevant consideration for DCO applications that include or have impacts on the demand for water resources, or water resources infrastructure.
7. Where a project requires an Environmental Impact Assessment, it is required to include an assessment of any likely significant climate effects on the project itself.

For schemes referred into the regime that are not defined in a WRMP, a thorough evidence base will be required including a rigorous assessment of ‘need’ and any alternative options. It is unclear if the NPS will prevent legal challenge on the need and alternatives of schemes defined in the WRMPs, and further evidence may be required to supplement the WRMPs as a precautionary approach.

In England, the NPS may be a ‘material’ consideration for water resources infrastructure development applications applied for under the Town and Country Planning Act, which will be judged on a case-by-case basis.

Stantec provides a range of interdisciplinary planning and consultancy services to support the delivery of vital water infrastructure in the UK and around the world.

Mark Tindale, Stantec’s Strategy Director for Water in the UK&I commented: “In the last year, we have seen how critical it is that we accelerate the delivery of new water infrastructure to support the nation’s resilience in the years ahead.

“This statement, and the guidance within, are certainly welcome and will likely prove to be important in keeping these projects on track. We will need to keep this momentum up to ensure these schemes are driven through the planning process and are operational as soon as possible.”

Gareth Wilson, Stantec’s Infrastructure Planning Director, added: “This is a long anticipated and welcome publication on the Government’s policy position for water infrastructure projects. It provides important clarification for the industry and will allow the planning of projects to proceed with greater confidence.

“We would caution that the DCO (and the Town and Country Planning Act) consenting processes remain challenging and promoters should look to reinforce their case at all stages to minimise the prospect of challenge and delay. This is all the more important as we look ahead to the emerging reforms to the consenting and environmental assessment processes.”