For local planning, information rights can supplement the public planning register.

Where correspondence, pre-application records, technical discussions or other held records are not published, FOIA or the Environmental Information Regulations may provide an access route, subject to statutory exemptions and exceptions.

Pre-application engagement is a recognised part of the English planning system.

Government guidance encourages early discussion between applicants, planning authorities, consultees and communities. The existence of such discussions should therefore not be presented as suspicious in itself.

For NSIPs, start with the public examination and pre-application record.

The Planning Inspectorate process publishes extensive application and examination material. Use information requests for genuinely missing held records rather than duplicating material already available in the project library.

Current DCO pre-application rules changed in 2026.

Government guidance published in July 2026 reflects amendments made by the Planning and Infrastructure Act 2025, including removal of the former mandatory preliminary environmental information publication requirement. Researchers should therefore use current guidance rather than assuming an older pre-application document must exist.

Keep the information-rights question distinct from the infrastructure decision.

An EIR dispute about disclosure is decided under information law; the DCO examination and decision proceed under the Planning Act regime.

Sources and further information

ICO - Guide to the Environmental Information Regulations

GOV.UK - Before submitting an application

GOV.UK - Planning Act 2008 guidance on preparing an application: pre-application steps

Last checked: 26 September 2026