Updated Water Resources Infrastructure National Policy Statement Published

The 2023 Water Resources Infrastructure National Policy Statement (NPS) has been revised and was published on 8 July 2025. This is in line with the Government’s ambition to update relevant national policy statements within their first year and follows revisions to the suite of Energy NPSs made earlier this year. Interestingly, whilst draft versions of the Energy NPSs were consulted on, no consultation took place in relation to the Water NPS. 

The updates made are intended to support growth by making planning decisions for water resources infrastructure quicker and easier, to aid the delivery of critical projects needed to support new housing.

My colleague Jen Ashwell has summarised the key changes below: 

1. Clarification on Section 35 Direction projects: the updated NPS outlines its application to section 35 direction projects so all stakeholders are clear about its scope;
2. Strengthened role of Water Resources Management Plans: the role of Water Resources Management Plans (WRMPs) has been reinforced, particularly in establishing the need case for water resources projects. The updated policy emphasises that these projects are "critical and urgent," underscoring their importance in ensuring sustainable water supply;
3. References to new and updated plans and policies: the NPS has been updated to include references to other new and updated plans and policies. For example, the landscape provisions have been revised to align with changes to wider national landscapes policy. The update also includes references to policy considerations such as the grey belt;
4. Expectations for optioneering in WRMP process: the update provides details on what is expected for optioneering as part of the WRMP process. It highlights that the consideration of alternatives should be based on the optioneering conducted during the WRMP process, ensuring a thorough evaluation of all potential options;
5. Importance of reservoirs for resilient supplies: the policy establishes the expectation that reservoirs will play a crucial role in securing resilient water supplies. This will support the various reservoir projects currently progressing through the DCO regime;
6. Amendments to Biodiversity Net Gain (BNG) policy: the BNG policy has been amended to reflect the incoming biodiversity gain statement, as outlined in the Defra consultation on BNG for NSIPs (which is still open until 24 July). The changes pre-empt the expectation that BNG will become mandatory for NSIPs from May 2026. 

These updates provide clarity on a number of points that had been subject to ambiguity. There is, however, no reference to supporting the use of compulsory acquisition for BNG (although this is not unexpected given the content of the Defra consultation) or attributing clear “critical national priority” status for water resources projects, similar to that given to new low carbon energy generation under the Energy NPSs. That said, the additional wording to confirm that water resources projects are “critical and urgent” is to be welcomed. 

We regularly advise on the consenting of new water infrastructure projects and other NSIPs so please contact Jen Ashwell or Liz Dunn if you have any queries.