What changes to the DCO regime are currently proposed?

On 13 April 2026, we published an update on measures in the Government’s publication Building Our Nuclear Nation, the response to the Nuclear Regulatory Taskforce’s recommendations, most likely to affect planning, environmental assessment and delivery. In this blog, we take a closer look at the response to recommendations 25 to 30 which relate to general reforms to the DCO regime across all sectors. The changes being progressed are considered necessary to combat the extending timelines and rising costs of promoting applications. We will separately be examining the proposed nuclear sector specific reforms. 

We have set out the details of the response to each recommendation and the proposed timeframe for the reforms to be introduced below.

Recommendation 25:the Government confirms that MHCLG will issue new National Infrastructure Planning Guidance by Summer 2026 to deliver the principle of recommendation 25 and follow the analysis of responses to the Streamlining Infrastructure Planning consultation. The guidance should: 

• Confirm that consultation and engagement are not assessed during the acceptance phase as the scope of this should be left to a developer’s discretion. The industry is currently waiting for clarification on how effective the opportunity being presented by the removal of statutory consultation will be.  Will it free developers up to implement more effective, proportionate, and flexible approaches to consultation?
• Set out expectations relating to the acceptance and pre-examination period: the acceptance test should focus on whether adequate application documents have been submitted and the pre-examination period should be completed in under four months. The aim is to reduce instances where DCOs are not accepted for examination across all NSIPs rather than those relating to critical priority projects so this will be welcomed by applicants;
• Strengthen the Examining Authorities’ (“ExA”) Initial Assessment of Principal Issues (“IAPI”) undertaken ahead of examinations on NSIP schemes. The intention is to trial new approaches to the format and content of IAPI to clarify key planning issues, identify where further evidence is not expected to be required, highlight relevant national policy and refer to previous approaches taken to similar issues. The aim is to minimise the re-examination of issues and improve consistency and timeframes. As a result of this, the proposal in recommendation 26 for the ExA to publish an interim recommendation report prior to the first deadline in an examination is not currently being taken forward. 

Recommendation 27: the Government has confirmed that it will issue new guidance in Summer 2026 to encourage the Secretary of State to issue a “minded to letter” where appropriate, where decisions are delayed and where doing so will support closing down outstanding issues which require further input. The guidance will also provide clarity on the publishing of ExA recommendation reports.  This is a sensible addition as it will give all parties a clearer steer on the position. 

Recommendation 28: the Government will publish guidance in Summer 2027, rather than legislation, to reinstate the model provisions which were introduced by the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 and later revoked. The guidance will set out the scope of the model provisions and when they should be used. The Taskforce suggested that the model provisions should include:

• A series of standard requirements which ensure that management plans are required to be “substantially in accordance” with an outline document to preserve flexibility;
• Provisions which enable the compulsory acquisition of rights required in connection with further utility works, similar to Schedule 18 to the Sizewell C Nuclear Power Station Order 2022;
• A provision allowing variations that improve environmental outcomes, similar to article 1(10) of the Lower Thames Crossing Development Consent Order 2025;
• A provision which avoids issues relating to overlapping consents (caused by the Supreme Court’s Hillside decision), for example, article 55(2)-(3) of the Lower Thames Crossing Order 2025;
• Specified time periods for consultation, decision-making, and notice periods which should not exceed 28 days, and protective provisions which should not exceed 42 days, with deemed consent applying at the end of these periods;
• Acceptable protective provisions for statutory undertakers which do not negate other provisions of the DCO.

The Government has confirmed that it welcomes these suggestions and will use them as a basis for engaging with stakeholders and drawing up the guidance. We consider this a prudent way forward, given the additions relate to themes which have been raised during a number of recent examinations.

Recommendation 29: The Taskforce recommended that MCHLG should implement the intended “one stop shop” for DCOs in December 2027, either through repealing section 150 of the Planning Act 2008 (“PA 2008”) or removing all the consents caught by that provision through secondary legislation. The Government has decided not to progress this but will issue guidance on operational and service improvements, while maintaining safeguards to environment and human health. The Government considers there is potential for increased incorporation of secondary consents in development consent orders which could reduce post consent delays to infrastructure construction. 

Recommendation 30: this involves DESNZ and MOD establishing a new unit within its Infrastructure Planning Delivery team which discharges DCO Requirements for nuclear power and electricity network projects, similar to how the Department for Transport’s national case unit discharges requirements for DCOs promoted by National Highways. Local authority input will be obtained through a requirement for consultation by the applicant prior to submission of an application for discharge. Our practical experience with DfT is that this should be effective, but the parameters for consultation will need to be considered. The Government will evaluate this and may extend it to other types of energy projects. The response does not provide a timeframe but sets out that it accepts the recommendation, which refers to a June 2026 target date.  Current DCO schemes heading into the decision-making stage are already looking to anticipate this change taking effect, to benefit from the perceived opportunity.  

The scope of these changes introduce some new concepts, as well as reverting to some of the original provisions of the DCO regime as introduced by the PA 2008. The two key time periods for new guidance to be published, as currently planned, are Summer 2026 and Summer 2027, so we will provide an update later this Summer.

If you have any queries, please do not hesitate to contact Alex Minhinick.