Working with National Highways
How we work with promoters of third-party projects to enable the successful development of nationally significant infrastructure projects.
Getting started – Early Engagement Approach
Key Requirements and Programme of Activities
Summary
Engaging effectively with promoters of third-party projects is essential to National Highways’ role in supporting economic growth, while safeguarding the Strategic Road Network (SRN).
This page sets out National Highways’ approach to engaging with major third party projects, examples of which include East West Rail, Gatwick Northern Runway and Heathrow Airport Expansion, which are typically consented as Nationally Significant Infrastructure Projects (NSIPs).
Keys to success are:
- early, proactive engagement to collaborate effectively regarding project scope and timelines
- clear articulation of National Highways’ key requirements, supported by tools such as the programme of activities
- consistent coordination, underpinned by agreed governance
Promoters are encouraged to refer to the following supporting documents:
- Early Engagement Approach – guidance regarding National Highways’ aims when initiating and structuring early engagement
- Key Requirements – which must be satisfied (where applicable to a given project), in order for National Highways to accept the principle of the development through the DCO process
- Programme of Activities – for aligning National Highways and promoter timelines
Getting started – Early Engagement Approach
Once a project is established, it's crucial for National Highways and the promoter to establish a relationship and the collaborative working arrangements as soon as possible.
Experience has shown that early engagement is a critical factor in the successful mitigation of the impacts of major third-party projects. To support our engagement with promoters we've developed the Early Engagement Approach guidance above.
As laid out in the guidance, we've also developed an Engagement and Collaboration Framework. This is another key tool which will be shared with the promoter during this period, and sets out National Highways’ values, behaviours and proposed ways of working during our collaborative engagement.
Key Requirements and Programme of Activities
The steps laid out in the early engagement approach guidance will establish collaborative working arrangements with the third-party project. Following the initial meeting(s) with the promoter and agreement regarding the principles of engagement, the two most important areas to focus on next are:
Key Requirements
These set out the items which should be addressed by the promoter, to satisfy National Highways requirements and enable our support for the project. They need to be communicated to, and understood by, the promoter at the earliest opportunity following initial engagement.
There are two relevant documents key for promoters:
Statement of Requirements – sets out the Key Requirements and their purpose.
Guidance for promoters – provides further detail about each requirement and indicative guidance for how promoters can work through the different project stages to satisfy them. This document also provides examples of the evidence we're seeking from promoters against each requirement.
The indicative Programme of Activities has been designed to align with the Key Requirements. Together, these products will inform the joint work between National Highways and the promoter, to understand the impacts of the project on the SRN and develop suitable mitigation proposals.
We've also developed policies and guidance covering key matters relating to third-party projects and which the Key Requirements and Programme of Activities refer to: Future-proofing and Commuted Lump Sum (CLS).
Programme of Activities
Aligned with the promoter’s programme for design, assessment and consents, this will enable National Highways’ work on the project to be planned and properly resourced.
Following agreement on the engagement principles and National Highways carrying out an internal strategic assessment, discussions should take place with the promoter to enable an understanding of the forward programme. The National Highways programme of activities should then be prepared.
We've developed an indicative Programme of Activities and associated guidance that sets out a best practice sequence of activities, from the initial engagement stage to when the project gains development consent.
These tools can be used to inform an appropriate project-specific Programme of Activities.
View the Programme of Activities
Programme of Activities – accessible text version
Programme of Activities – guidance
Cost recovery
Background and National Highways charging powers
On 23 February 2023, the government published its Nationally Significant Infrastructure Projects Reform Action Plan, which set out a number of reforms to improve the infrastructure consenting process. Within the plan was a government commitment for some public bodies, which are also statutory consultees, to move towards full cost recovery for all services they provide, within the Nationally Significant Infrastructure Project (NSIP) consenting system.
On 23 October 2023, the Levelling Up and Regeneration Act received Royal Assent and introduced an amendment to the Planning Act 2008 by inserting a new section 54A, which provides that the Secretary of State may make regulations for certain public authorities to charge fees for relevant services they provide in relation to NSIP applications.
Under this power, the Infrastructure Planning (Fees) Regulations 2010 (as amended) (“The Fees Regulations 2010”) have been amended to insert regulation 12A (plus Schedule 2), which provides that these prescribed public authorities, including National Highways, are able to charge fees to the applicant for all relevant services we provide.
View the Planning Act 2008: Infrastructure Planning (Fees) Regulations 2010 - cost recovery by the Planning Inspectorate and public authorities guidance on gov.uk
What does this mean to third-party Development Consent Order (DCO) applicants?
These regulations enable National Highways to charge DCO applicants for all our services in relation to their NSIP application.
These recharge powers are for all stages of the NSIP process:
- pre-application
- acceptance
- pre-examination
- examination
- decision
- post-decision
Further information on what is shared with DCO applicants, and our approach to the application of these powers in line with legislation, is published on our Planning and the strategic road network in England pages.
What does this mean to third-party hybrid bill schemes?
The powers granted are only applicable to third-party DCO schemes. For schemes using the hybrid bill process, local agreements must be sought between National Highways and the third-party promoter, in regards to the recovery of costs.
This agreement usually comes in the form of a formal instruction from the Department for Transport (DfT) to the third-party promoter, stipulating the conditions and process to follow to recover National Highways costs. However, since the new charging powers came into force on 1 April 2024, DfT’s instruction to third parties are now aligned with the DCO recovery process and powers.
Contact us
If you have questions relating to an NSIP, please email our Third Party Infrastructure Group.
