Cherwell’s approach to Nationally Significant Infrastructure Project (NSIP) engagement
Information for NSIP developers and project promoters on CDC’s expectations for engagement.
Enactments (legislation, regulation, etc.) pursuant to which fees are charged for provision of ‘relevant services’
The Infrastructure Planning (Fees) (Amendment) Regulations 2026, which came into force on 8th June 2026, amended The Infrastructure Planning (Fees) Regulations 2010 to add host local authorities (defined as ‘[a] local authority in whose area the land is situated’) to the list of prescribed public authorities set out in Schedule 2 of the amended 2010 Regulations. Regulation 12A(4) provides such prescribed public authorities the power to charge applicants/proposed applicants fees for relevant services provided in connection with applications / proposed applications under s54A of the Planning Act 2008.
Section 111(1) of the Local Government Act 1972 provides Local Authorities with the powers to do anything involving the expenditure which is conducive or incidental to the discharge of any of their functions.
Section 93 of the Local Government Act 2003, allows the Council to charge for providing discretionary services.
CDC’s approach to charging for ‘relevant services’
Cherwell District Council (CDC) will seek to enter into a Planning Performance Agreement (PPA) with NSIP developers. Based on CDC’s experience hosting NSIPs, entering into a PPA helps to establish a mutually agreed, commercially robust, and clear set of principles for both parties.
PPAs will be agreed to on the basis of full recovery of the reasonable cost of ‘relevant services’ provided at all stages of the NSIP process: pre-application, acceptance, pre-examination, examination (including providing written representations / attending hearings), recommendation, decision, and post-decision. Please contact planning@cherwell-dc.gov.uk to discuss further.
Where a PPA is not agreed, the council will nevertheless seek to exercise the power provided to it by s54A of the Planning Act 2008 to recover the full and reasonable cost of ‘relevant services’ provided in relation to the proposed development as a ‘Prescribed Public Authority’ for the purposes of the Infrastructure Planning (Fees) Regulations 2010 as amended by the Infrastructure Planning (Fees) (Amendment) Regulations 2026.
Reg12A(4) statement
Regulation 12A(4) of the Infrastructure Planning (Fees) Regulations 2010 (as amended) set out the requirements that a ‘Prescribed Public Authority’ may charge fees under paragraph (2) only in accordance with a statement published on its website which:
- describes the relevant services in respect of which fees are charged
- sets out the fees (or, if applicable, the method by which the fees are to be calculated)
- refers to any provision in an enactment pursuant to which the relevant services are provided.
Set out below is CDC’s statement in accordance with Regulation 12A(4):
Description of ‘relevant services’ in respect of which fees are charged
‘Relevant services’ are defined by s54A(2) of the Planning Act 2008 as: … any advice, information or other assistance (including a response to a consultation) provided in connection with:
- an application or proposed application
- for an order granting development consent
- to make a change to, or revoke, such an order
- any other prescribed matter relating to nationally significant infrastructure projects.
In line with the above definition, CDC will seek to recover the full and reasonable cost of ‘relevant services’ provided at all stages of the NSIP process: pre-application, acceptance, pre-examination, examination (including providing written representations/attending hearings), recommendation, decision, and post-decision.
Examples of relevant services that Cherwell District Council intends to recover costs for include:
- Planning
- Planning Enforcement
- Planning Policy
- Conservation
- Ecology
- Arboriculture
- Environmental Protection
- Regeneration and Economic Growth
- Urban Design
- Landscape Services
- Leisure and Community
- Waste and recycling
- Climate Resilience
- Flood Risk
And as appropriate:
- Building Control
- Housing
- Healthy Place Shaping/ Community Engagement
CDC’s fee structure
CDC will apply the hourly rates for PPA fees which are published on CDC’s website: https://www.cherwell.gov.uk/info/115/planning-process/206/planning-advice-and-queries/8
Cherwell Council’s fees and charges are reviewed annually for the following financial year by its Executive. Legal costs and any external specialist expertise will be set out separately as required. It should also be noted that Reg12A(3) allows fees to take account of the expenses of anything which is reasonably incidental to the provision of the relevant services by the public authority.