Overarching National Policy Statement for energy (EN-1), 2025

This energy NPS considers the large-scale infrastructure which will be required to ensure the UK can provide a secure, reliable, and affordable supply of energy, while also meeting our decarbonisation targets. This part outlines the policy context for the development of nationally significant energy infrastructure.

To produce the energy required for the UK and ensure it can be transported to where it is needed, a significant amount of infrastructure is needed at both local and national scale. High quality infrastructure is crucial for economic growth, boosting productivity and competitiveness. Part 3 of this NPS provides further details on the need for, and importance of, energy to economic prosperity and social wellbeing.

1. Introduction

1.1 Background

1.1.1 This National Policy Statement (NPS) sets out national policy for the energy infrastructure described in Section 1.3 below. Part 1 of this NPS sets out the background context to the NPSs, including the scope of EN-1 and geographical coverage. Part 2 outlines the policy context for the development of nationally significant energy infrastructure. Part 3 explains the urgent need for significant amounts of large-scale energy infrastructure in meeting government’s energy objectives. Part 4 sets out the general policies for the submission and assessment of energy infrastructure applications. Part 5 outlines generic impacts which arise from the development of all types of energy infrastructure covered by the energy NPSs.

1.1.2 It has effect for the decisions by the Secretary of State on applications for energy developments that are nationally significant under the Planning Act 2008. For such applications this NPS, combined with any technology specific energy NPS where relevant, provides the primary policy for decisions by the Secretary of State.

1.1.3 Under the Planning Act 2008, where an NPS has effect, the Secretary of State must also have regard to any local impact report submitted by a relevant local authority, any relevant matters prescribed in regulations, the UK Marine Policy Statement (MPS) and any applicable Marine Plan, and any other matters which the Secretary of State thinks are both important and relevant to the planning decision.

1.1.4 The Planning Act 2008 also requires that, where an NPS has effect, the Secretary of State must decide an application for energy infrastructure in accordance with the relevant NPSs except to the extent the Secretary of State is satisfied that to do so would:

• Lead to the UK being in breach of its international obligations;
• Be in breach of any statutory duty that applies to the Secretary of State;
• Be unlawful;
• Result in adverse impacts from the development outweighing the benefits;
• Be contrary to regulations about how its decisions are to be taken.

1.1.5 Applicants should therefore ensure that their applications, and any accompanying supporting documents, are consistent with the instructions and guidance in this NPS, any relevant technology specific NPS and any other NPSs that are relevant to the application in question.

1.1.6 This NPS, in particular the policy and guidance on generic impacts in Part 5, may also be helpful to local planning authorities (LPAs) in preparing their local impact reports.

1.1.7 Part 5 of the Planning Act 2008 sets out the requirements for consultation and publicity before any application for a Development Consent Order is made, including a duty to consult the local community.

1.2 Role of this NPS in the wider planning system

1.2.1 In England, this NPS, in combination with any relevant technology specific NPSs, may be a material consideration in decision making on applications that fall under the Town and Country Planning Act 1990 (as amended).

1.2.2 Whether the policies in this NPS are material, and to what extent, will be judged on a case-by-case basis and will depend upon the extent to which the matters are already covered by applicable planning policy. For the purposes of applications made under the Planning Act 2008, this NPS in conjunction with any of the relevant technology specific NPSs are the primary policy for Secretary of State decision making.

1.2.3 The Secretary of State may also receive applications for variations to existing consents for energy infrastructure under section 36C of the Electricity Act 1989 for which this NPS, in combination with any relevant technology specific NPSs, may be a relevant consideration.

1.2.4 Under the Marine and Coastal Access Act 2009, the Marine Management Organisation (MMO) will determine applications under section 36 and section 36A of the Electricity Act 1989 where they relate to a generating station in English waters provided that the application does not exceed the capacity threshold set out in the Planning Act 2008.

1.2.5 The MMO will determine applications in accordance with the MPS and any applicable marine plans, unless relevant considerations indicate otherwise.

1.2.6 This NPS, in combination with any relevant technology specific NPS, should be a relevant consideration for the MMO when it is determining such applications.

1.2.7 The MMO may also receive applications for a marine licence for other energy infrastructure that falls outside the scope of the Planning Act 2008 or the Electricity Act 1989 for which the NPSs may be a relevant consideration. The MMO will determine applications in accordance with the MPS and any applicable marine plans, unless relevant considerations indicate otherwise.

1.2.8 The NPSs may also be a relevant consideration in the preparation of relevant marine plans.

1.2.9 The role of the MPS and marine plans in relation to Secretary of State decisions is set out in Section 4.5.

1.3 Scope of the Overarching National Policy Statement for Energy

1.3.1 This Overarching National Policy Statement for Energy (EN-1) is part of a suite of NPSs issued by the Secretary of State for Energy Security and Net Zero. It sets out the government’s policy for delivery of major energy infrastructure.

1.3.2 A further five technology specific NPSs for the energy sector cover:

• natural gas electricity generation (EN-2)
• renewable electricity generation (both onshore and offshore) (EN-3)
• gas supply infrastructure and gas and oil pipelines (EN-4)
• the electricity transmission and distribution network (EN-5)
• and nuclear electricity generation (EN-6)

1.3.3 Further technology specific NPS may be designated and added to the suite if it becomes appropriate to do so. These should be read in conjunction with this NPS where they are relevant to an application.

1.3.4 The Planning Act 2008 sets out the thresholds for nationally significant infrastructure projects (NSIPs) in the energy sector. The Act defines the following forms of energy infrastructure as being an NSIP:

• electricity generating stations (meeting the thresholds set out in the Planning Act 2008). This includes onshore generating stations with an installed capacity greater than 50 megawatts (MW) in England and 350MW in Wales (but not onshore wind in Wales or electricity storage in England and Wales, except hydroelectric storage). When the Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 takes effect, proposed for 31 December 2025, this will include onshore wind and solar generating stations in England only where they generate more than 100MW. It also includes offshore generating stations generating more than 100MW offshore in territorial waters adjacent to England and within the English part of the Renewable Energy Zone, and those generating more than 350MW in territorial waters adjacent to Wales and the Welsh part of the Renewable Energy Zone (the Welsh Zone as defined by section 158 of the Government of Wales Act 2006). For these types of infrastructure, this Overarching NPS (EN-1) in conjunction with any of the relevant technology specific NPSs will be the primary policy for Secretary of State decision making
• large gas reception and liquefied natural gas (LNG) facilities and underground gas storage facilities (meeting the thresholds set out in the Planning Act 2008). For this infrastructure EN-1 in conjunction with EN-4 (for natural gas only) will be the primary policy for Secretary of State decision making
• cross-country gas and oil pipe-lines and Gas Transporter pipe-lines (meeting the thresholds and conditions set out in the Planning Act 2008). For this infrastructure EN-1 in conjunction with EN-4 (for natural gas only) will be the primary policy for Secretary of State decision making
• above ground electric lines at or above 132kV (meeting the thresholds set out in the Planning Act 2008). For this infrastructure, EN-1 in conjunction with the Electricity Networks NPS (EN-5) will be the primary basis for Secretary of State decision making

1.3.5 Where the need for a particular type of energy infrastructure set out above is established by this NPS, but that type of infrastructure is outside the scope of one of the technology specific NPSs, this NPS alone will have effect and will be the primary basis for Secretary of State decision making. This will be the case for, but is not limited to, unconventional hydrocarbon extraction sites, hydrogen pipeline and storage infrastructure, Carbon Capture Storage (CCS) pipeline infrastructure and other infrastructure not included in EN-2 or EN-3.

1.3.6 As set out in the written ministerial statement of 7 December 2017, EN-6 only has effect in relation to nuclear electricity generation deployable by the end of 2025, but also continues to provide information that may be important and relevant for projects which will deploy after 2025. This NPS (EN-1) will have effect in relation to any new applications for nuclear electricity generation deployable after 2025, particularly in so far as it continues to establish the need for energy generation, including nuclear. A new technology specific NPS for nuclear electricity generation deployable after 2025 is proposed and will be developed to sit alongside this NPS.

1.3.7 In addition to the above specific categories of NSIP, section 35 of the Planning Act 2008 allows the Secretary of State to give a direction that a particular development, that does not meet one of the statutory NSIP categories (either because it involves novel technology or due to capacity size), should nonetheless be treated as development for which development consent is required.

1.3.8 The Secretary of State may give a direction, on receipt of a qualifying request, in relation to a proposed development in England, English waters, or a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

1.3.9 The Secretary of State must be satisfied that the proposed development is or forms part of a project in the field of energy, or a business or commercial project of a prescribed description; and that it is nationally significant either by itself or in combination with one or more other developments in the field of energy.

1.3.10 EN-1, in conjunction with any relevant technology specific NPS, will be the primary policy for Secretary of State decision making on projects in the field of energy for which a direction has been given under section 35.

1.3.11 The Planning Act 2008 enables the Secretary of State to issue a Development Consent Order including consent for development which is associated with the energy infrastructure NSIP (subject to certain restrictions set out in section 115 of the Act). Government has issued guidance to which the Secretary of State must have regard in deciding whether development is associated development.

1.3.12 EN-1, in conjunction with any relevant technology specific NPS, will be the primary policy for Secretary of State decision making on associated development. EN-1 and any relevant technology specific NPS should be considered in applications and Secretary of State decision making, noting the cross-references between these technology specific NPSs and text in EN-1 is often not duplicated in full between them.

1.3.13 The Planning Act 2008 enables the Secretary of State to issue a Development Consent Order that can make provision relating to, or to matters ancillary to, the development of the energy infrastructure NSIP. This may include, for example, the authorisation of tree lopping and the compulsory acquisition of land or rights over land.

1.4 Geographical coverage

1.4.1 The Secretary of State will decide all applications for NSIPs in England and Wales, adjacent territorial waters or in the UK Renewable Energy Zone (REZ) (defined in section 84(4) of the Energy Act 2004) except any part in relation to which Scottish Ministers have functions.

1.4.2 In Scotland and in those areas of the REZ where Scottish Ministers have functions, the Secretary of State will have no functions under the Planning Act 2008 in relation to consenting energy infrastructure projects except as set out in this section. However, energy policy is generally a matter reserved to UK Ministers and this NPS may therefore be a relevant consideration in planning decisions in Wales, Northern Ireland and Scotland.

1.4.3 The Secretary of State has no functions in relation to planning applications in Wales that do not relate to nationally significant infrastructure. In Wales, the Secretary of State will not examine applications for LNG facilities, gas reception facilities or gas transporter pipelines. The Secretary of State will only examine applications for underground gas storage facilities in Wales, where the applicant is a licensed gas transporter, and the storage is in natural porous strata (rather than in cavities); precise details are set out in EN-4 and section 17 of the Planning Act 2008.

1.4.4 The Secretary of State will only examine electricity generating stations in Wales, in territorial waters adjacent to Wales or in the Welsh Zone if their capacity is greater than 350MW, except onshore wind in which all generating stations regardless of capacity will be decided by the relevant Welsh authority.

1.4.5 The Secretary of State will examine applications for cross country oil and gas pipe-lines (meeting the conditions set out in section 21 of the Planning Act 2008) that are in more than one of these territories.

1.4.6 In Northern Ireland, planning consents and marine licences in inshore waters are devolved to the Northern Ireland Executive. The Secretary of State will not, therefore examine applications for energy infrastructure in Northern Ireland and the NPS will not apply there. In the UK Renewable Energy Zone (REZ), the Secretary of State is responsible for all marine licences (delegated to MMO) and for planning consents above 100MW other than in the Welsh zone or where Scottish Ministers have functions.

1.5 Period of validity and review

1.5.1 This NPS will remain in force in its entirety unless withdrawn or suspended in whole or in part by the Secretary of State. It will be subject to review by the Secretary of State in order to ensure that it remains appropriate.

1.5.2 The exact timing of a review will depend how specific circumstances apply to each NPS, but it is expected that a public announcement on the consideration as to whether a review is required should be made at least every 5 years.

1.5.3 Information on the review process is set out in paragraphs 10 to 12 of the Annex to CLG’s letter of 9 November 2009 and the MHCLG guidance on Review of NPSs.

1.6 Transitional provisions following review

1.6.1 The suite of energy NPSs was first designated in 2011 and last  updated in January 2024. In July 2024, the Chancellor announced that relevant NPSs would be updated and a number of amendments have been made as a result of this.

1.6.2 The 2024 NPSs included transitional provisions between the 2011 and 2024 NPS which remain in place. The Secretary of State has decided that similar transition provisions should apply for the 2025 NPSs, so that for any application accepted for examination before the final publication of the approved 2025 amendments, the 2024 suite of NPSs should have effect in accordance with the terms of those NPSs.

1.6.3 The 2025 amendments will therefore have effect only in relation to those applications for development consent accepted for examination after the final publication of those amendments. However, any emerging draft NPSs (or those designated but not yet having effect) are potentially capable of being important and relevant considerations in the decision-making process. The extent to which they are relevant is a matter for the relevant Secretary of State to consider within the framework of the Planning Act 2008 and with regard to the specific circumstances of each Development Consent Order application.

1.7 The Appraisal of Sustainability and Habitats Regulations Assessment

1.7.1 All the NPSs have been subject to an Appraisal of Sustainability (AoS) required by the Planning Act 2008 and the Environmental Assessment of Plans and Programmes Regulations 2004. A Habitats Regulations Assessment (HRA) has also been prepared in accordance with the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017. These are published alongside this NPS and available at Planning for new energy infrastructure: 2025 revisions to National Policy Statements.

Read the full policy statement below.