Building faster, better and greener - accelerating and improving delivery

The latest part in this series of publications on the government’s long awaited National Infrastructure Strategy 2020 will consider “Chapter 5 – building faster, better and greener”, which builds on the government’s infrastructure reform programme, Project Speed.

The beating heart of the government’s COVID-19 infrastructure recovery strategy, Project Speed involves targeted reform – including through primary and/or secondary legislation where necessary – to design, consenting, procurement and construction processes. To achieve this, Chapter 5 highlights the following six key areas of reform:

• Reforming environmental regulations
• Reforming the planning system for social infrastructure (schools, hospitals etc.)
• Transforming the technology and techniques relied on by the construction sector
• Streamlining decision making and approvals processes
• Embedding good design into all infrastructure projects
• Bringing about a step change in public sector capability, expertise and leadership

Reforming Environmental Regulations

This was perhaps an obvious inclusion for a government focussed on speeding up what it sees as an overly bureaucratic and administrative planning system, coupled with the advantages that Brexit brings as regards legislative autonomy. The question on everyone’s minds with respect to reform of EIA/SEA will be how to reduce what is traditionally seen as a very costly and time-intensive part of the infrastructure consenting process, whilst ensuring the robustness of any environmental assessment, particularly if “level playing field” provisions apply following Brexit. The detail at this stage is yet to be seen but what is clear is that legislation will be needed if a dilution of existing legal requirements is what is proposed.

Reforming the planning system for social infrastructure

Another one requiring secondary legislation; at this stage we know that the intention is to allow the expansion of schools, hospitals, prisons and other social infrastructure by 25% or 250sqm (whichever is larger) through permitted development rights. Much like the government’s recent amendments to the permitted development rights for dwellings above commercial premises, the devil will be in the detail as to whether this represents enough of an efficiency to make a demonstrable impact. There is also mention of an accelerated 10 week determination period for any social infrastructure that does require express planning permission.

Transforming the construction sector

None of this appears to be particularly revolutionary - techniques such as modular construction and investment in green and digital construction have been the direction of travel for some years. Perhaps the most interesting proposal is the intended publication of the Construction Playbook, to improve the procurement and delivery of public works. Using big data to better benchmark project assumptions and cost estimates is also a very welcome suggestion, particularly when we see regular examples of ongoing capital projects exceeding their cost estimates by several times over their initial benchmark.

Streamlining decision making and approvals processes

The key reform suggested here was the establishment of the National Infrastructure Planning Reform Programme to refresh the NSIP regime, streamline investment approvals in central government, cut timescales by up to 50% for projects entering the system from September 2023, establish a projects acceleration team to fast track key projects and coordinate a review of national policy statements (NPS). Whilst generally very positive, an opportunity may have been missed in that the government did not go further with regard to its now relatively aged NPS and include a positive commitment to update them. Many planning practitioners see this as a critical next step to assure alignment of policy support in NSIPs with net zero requirements and other upcoming environmental reforms such as biodiversity net gain. Without this, there is increased risk of infrastructure delivery being affected by lengthy and costly judicial review challenges.

Embedding good design in all infrastructure projects

Here the government intends to define clear design criteria for projects in Local Plans, update planning policy with regard to design and sustainability, and require all projects to have a board level design champion in place by the end of 2021 at either the project, programme or organisational level.

Bringing about a step change in capability and leadership

However, a particularly exciting part of the Chapter is the step change with regard to skills and capability into the public sector. The government plans to recruit a pool of major projects experts from the private sector. These will be deployed directly into department and agencies alongside reformed remuneration arrangements and grade structures to retain key talent and ensure competitiveness with industry, matching projects with SROs with the commensurate skill and experience to deliver them. At the heart of this step change is the Government Projects Academy, which will train and develop people across central and local government in project management and delivery.

If you have any questions about the potential implications of the NIS for your business, please contact Ian Graves, Legal Director, or Ross Corser, Associate, members of our Planning and Land Use team and UK Infrastructure, Construction & Transport sector group.