The evolving approach to land rights in linear NSIPs: A positive step for landowners

The Savills Blog

The evolving approach to land rights in linear NSIPs: A positive step for landowners

The Planning Inspectorate (PINS) has recently updated its guidance on preparing applications for Nationally Significant Infrastructure Projects (NSIPs), with a notable focus on land-related aspects. 

This shift acknowledges the critical role of land and landowners in delivering large-scale linear projects such as underground and overhead cables, pipelines, and other linear infrastructure. From early engagement to the implementation of PINS’ new landowner tracker template, these changes aim to bring greater transparency and consistency to the process.

Recognising the Importance of Land and Landowners

It is encouraging to see PINS placing a greater emphasis on land rights and the interests of landowners within linear NSIPs. Historically, land-related matters have sometimes been treated as a procedural necessity rather than a fundamental component of infrastructure planning. This guidance reinforces the principle that land acquisition and rights should be carefully considered and transparently managed. This guidance is specific to England, but good practices could and should be adopted by similar projects in Wales, Scotland and NI.

Early Engagement: Always Key

A long-standing best practice within infrastructure projects is early engagement with landowners and other affected parties. The guidance highlights the need for developers to identify and communicate with landowners at the earliest possible stage. This proactive approach helps to build relationships, address concerns, and reduce the risk of disputes later in the process. It also ensures landowners are well-informed about the potential impact of the project on their land and have opportunities to participate in discussions on mitigation measures.

Clarity on Project Scope: "What and Where"

A key aspect of the updated guidance is the emphasis on providing a clear and transparent explanation of the proposed development’s scope—both in terms of its purpose and geographical extent. Identifying clear start and end points in documentation is crucial for Affected Persons (APs) and Interested Parties (IPs), many of whom are landowners. By defining these aspects early in the process, landowners can better understand how and why their land may be impacted, leading to more informed discussions and decisions.

Design and Purpose: Enhancing Landowner Understanding

The guidance also provides recommendations on how to present project design and purpose in a way that is clear and accessible, particularly for consultation. Ensuring landowners can easily interpret maps, project descriptions, and potential impacts is essential in fostering constructive engagement. The clearer the documentation, the better equipped landowners will be to respond meaningfully during consultations, raising relevant concerns and seeking appropriate assurances.

Better Consistency with PINS’ New Landowner Tracker

PINS has introduced a new tracker system for recording landowner engagement, improving consistency in how applicants record landowner engagement and land-related activity. By standardising the way this information is captured and reported, the tracker ensures a more structured approach to documenting negotiations, access agreements, and key interactions. This increased consistency should aid Inspectors by providing a clearer and more comparable record of landowner engagement across different DCO submissions, supporting a more efficient examination process.

Supporting Landowners’ Understanding of Projects and Land Requirements

One of the most significant challenges for landowners involved in NSIPs is understanding why their land is needed and how the project will affect them. The combination of improved guidance, stronger engagement, and the use of the tracker system should help demystify the process. A clearer framework benefits all parties by reducing uncertainty and fostering more constructive negotiations around land acquisition, compensation, and rights management.

Looking Ahead

The latest updates to the guidance represent a step in the right direction for landowners, infrastructure developers, and the wider planning process. A more structured approach to land engagement, combined with standardised landowner engagement trackers, should result in smoother project delivery and a fairer experience for those whose land is affected.

With the government's ambitious goal of delivering 150 Development Consent Orders, more landowners will inevitably be impacted—many of whom may already have been affected by previous projects. Initiatives like this are therefore essential in ensuring that the process remains transparent, efficient, and fair for all parties involved.

Crucially, securing early buy-in from landowners during the design and optioneering stages can lead to more effective project planning. By incorporating their feedback and engaging meaningfully throughout the consultation process, developers can refine their proposals in ways that reduce conflicts and foster greater cooperation. This collaborative approach not only benefits landowners but also enhances the overall viability and success of linear infrastructure projects.

As these changes take effect, it will be important to monitor their impact in practice. If implemented effectively, they have the potential to create a more transparent, predictable, and cooperative environment for land acquisition within NSIPs. For landowners, this could mean a more informed and less contentious experience when engaging with major infrastructure projects.

Further information

Contact Jonathan Nesbitt

 

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