The Department for Environment, Food & Rural Affairs has published an updated National Policy Statement for water resources infrastructure – an update of the NPS released in 2023.
The NPS provides the framework for decision making on development consent applications for the construction of new, or the expansion of existing, water resources infrastructure in England or in waters adjacent to England. It sets out the need and government’s policies for, the development of nationally significant infrastructure projects for water resources in England.
The updated NPS aims to:
- streamline the planning permission process for nationally significant water infrastructure projects
- enable new water supply infrastructure
- provide planning guidance for applicants (as defined in the Planning Act 2008)
The NPS is the primary basis for examination by the Planning Inspectorate for nationally significant infrastructure projects in England, also known as the Examining Authority.
The NPS will also be used for making decisions by the Secretary of State in considering development consent applications for nationally significant water resource infrastructure projects, including reservoirs, desalination plants and infrastructure designed to transfer water.
Where a development does not meet the current requirements for a nationally significant infrastructure project set out in the Planning Act, but the Secretary of State considers the project to be nationally significant, under section 35 of the Planning Act, the Secretary of State may direct that a water resources infrastructure development should be treated as a development for which development consent is required.
The Secretary of State must decide an application for an order granting development consent for water resources infrastructure in accordance with the National Policy Statement, unless to do so would:
- lead to the UK being in breach of its international obligations
- be unlawful
- lead to the Secretary of State being in breach of any duty imposed by or under any legislation
- result in adverse impacts of the development outweighing its benefits
- be contrary to legislation about how the decisions are to be taken
The NPS provides a clear framework for those making development consent applications for water resources infrastructure, in particular by setting out:
- the need for infrastructure
- providing assessment principles against which an application for development consent should be examined and determined
- more detailed guidance on the construction and operational impacts of the infrastructure types
Regard must also be given to any matters prescribed that are relevant to an application, and any other matters which the Secretary of State considers are both important and relevant to any decision.
Other matters that the Planning Inspectorate and the Secretary of State may consider both important and relevant to its decision-making may include development plan documents. In the event of a conflict between these or any other documents and a National Policy Statement, the National Policy Statement prevails for purposes of decision making given the national significance of the infrastructure.
Click here to download the National Policy Statement for water resources infrastructure July 2025
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