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How to navigate the energy infrastructure planning system

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By Kevin Gibbs, Senior Planning Lawyer, Charles Russell Speechlys LLP

The backbone of our energy infrastructure planning system is the Development Consent Order (DCO).  Securing a DCO gives developers of large-scale nationally significant infrastructure projects extensive rights to (i) build and operate a scheme, (ii) acquire land for the scheme, if necessary, compulsorily, and (iii) obtain licences and permits under a wide range of legislation.

However, the system to secure a DCO is not fit for purpose. For instance, there was more than a doubling of the DCO pre-application period for Hinkley Point C to Sizewell C from three to seven years.

The Government has been on a journey to streamline the infrastructure planning system, and in December 2025, passed the Planning and Infrastructure Act 2025. But many of the provisions that would see an improvement in the system have yet to be brought into force. It is in this period of transition that law firm and SWBC member Chales Russell Speechlys and planning consultants Lichfields brought together a wide spectrum of energy developers and advisers to discuss and debate the main planning concerns facing the industry.

The firms have produced an executive summary of a report recently published titled “Energy Development Consent Orders – Getting your Renewable Energy DCO Right First Time,” which highlights some of the topics discussed.  The summary can be found in the link below.

Charles Russell Speechlys is a proud member of the South West Business Council. For more information on our experience in delivering energy projects, from initial project inception and funding to consenting, construction and operation please visit our website:   

Cleantech & Renewable Energy | Charles Russell Speechlys

Kevin Gibbs, Senior Planning Lawyer, Charles Russell Speechlys LLP