Infrastructure

Our London office at Holborn Gate, 330 High Holborn, London, WC1V 7QH, advises sponsors, contractors, funders and public bodies on large-scale infrastructure projects across England & Wales. This note summarises the principal legal and commercial considerations that typically arise in project development, procurement, construction and financing across transport, energy, water and social infrastructure sectors.

Core areas of work

• Project structuring and procurement: competitive tendering, negotiated procurement and public–private partnership models.
• Consents and planning: Development Consent Orders (DCOs), planning permissions, environmental permits and land rights.
• Contract documentation: EPC/EPCM, NEC, FIDIC, O&M, concession and lease arrangements.
• Project and acquisition financing: bank and bond financing, security packages, direct agreements and intercreditor arrangements.
• Regulatory compliance: sectoral regulators, connection agreements and tariff frameworks.

Regulatory and approvals landscape (England & Wales)

Major projects often require an interlocking set of consents. Nationally Significant Infrastructure Projects are progressed under the Planning Act 2008 using a Development Consent Order route; other projects will follow the Town & Country Planning regime and sector-specific licensing and permitting regimes. Environmental impact assessment, protected-species mitigation and highways/utility approvals are common hurdles. Early mapping of the consent timetable and statutory consultees is essential to avoid critical path delays.

Risk allocation and commercial levers

Commercial allocation of construction, performance and operational risk determines project bankability. Typical contractual levers include liquidated damages and step-in rights for lenders, long-stop completion dates, performance security, parent company guarantees, comprehensive insurance programmes and robust change control. Financing documents will require direct agreements and consent-based amendment mechanisms to protect lender security and revenue streams.

Practical checklist

1. Confirm the consents regime: NSIP/DCO vs local planning and identify statutory consultees.
2. Map the critical path: environmental approvals, land assembly and grid/utility connections.
3. Agree risk matrix early: allocate design, delay, latent defect and third‑party risk.
4. Structure security and direct agreements to align contractor, employer and lender rights.
5. Review procurement rules and subsidy state‑aid/UK subsidy control implications for public sector partners.
6. Plan for contingency, change control and escalation/dispute resolution mechanisms.

Jurisdiction and sources

• GOV.UK — central government guidance and policy statements.
• legislation.gov.uk — primary legislation including the Planning Act 2008 and Town & Country Planning Act.
• Planning Inspectorate — NSIP/DCO process guidance.
• Infrastructure and Projects Authority — project delivery guidance.
• Relevant regulators as applicable (for example, Ofgem, Environment Agency).

General information only; not legal advice and not a substitute for advice on a particular matter.