Planning system reforms promise pro-growth and pro-infrastructure

Government has announced planning system reform to speed up delivery of major infrastructure projects needed for growth and clean energy, principally by speeding up and limiting legal challenges.

Current rules mean “unarguable” cases can be brought back to the courts three times – causing years of delay and hundreds of millions of cost to projects that have been approved by democratically elected ministers, while also clogging up the courts.

Data shows that over half – 58% – of all decisions on major infrastructure were taken to court, getting in the way, says the government, of its central mission to grow the economy.

The government has confirmed new rules will allow just one attempt at legal challenge for “cynical cases” lodged purely to cause delay.

This approach, says the government, will strike the right balance between ensuring ongoing access to justice and protections against genuine issues of propriety, while pushing back against a challenge culture where small pressure groups use the courts to obstruct decisions taken in the national interest.

On average, it says, each legal challenge takes around a year and a half to be resolved – with many delayed for two years or more. This government says, wastes tax money, with major road projects paying up to £121 million per scheme from being dragged through the courts and – importantly – scaring away business from building in the UK.

Prime Minister Keir Starmer said, “For too long, blockers have had the upper hand in legal challenges – using our court processes to frustrate growth.

“We’re putting an end to this challenge culture by taking on the NIMBYs and a broken system that has slowed down our progress as a nation.

“This is the government’s Plan for Change in action – taking the brakes off Britain by reforming the planning system so it is pro-growth and pro-infrastructure.

The current first attempt - known as the paper permission stage - will be scrapped. And primary legislation will be changed so that where a judge in an oral hearing at the High Court deems the case Totally Without Merit, it will not be possible to ask the Court of Appeal to reconsider. To ensure ongoing access to justice, a request to appeal second attempt will be allowed for other cases.

A new Nature Restoration Fund will enable developers to meet their environmental obligations more quickly and, maintains the government, with greater impact. “The new common-sense approach doesn’t allow newts or bats to be more important than the homes hardworking people need, or the roads and hospital this country needs.”

Lord Banner KC, author of the Independent review into legal challenges against Nationally Significant Infrastructure Projects, said, “My review concluded that there is a clear case for streamlining judicial reviews on consenting decisions for nationally significant infrastructure projects, given that delays to these projects cause real detriment to the public interest. 

“In the course of my review, I saw broad consensus from claimants to scheme promoters that a quicker system of justice would be in their interests, provided that cases can still be tried fairly.

“I am therefore pleased to see the government acting on the back of my review. In particular, reducing the number of permission attempts to one for truly hopeless cases should weed out the worst offenders, without risking inadvertent delays because judges choose to err on the side of caution.

“I look forward to seeing these changes help to deliver a step change in the pace of infrastructure delivery in the months and years ahead.”

Leo Quinn, Balfour Beatty Group Chief Executive said, “Today’s announcement is a vital step towards kickstarting major infrastructure projects more swiftly, while keeping essential safeguards in place.

“Reducing the uncertainty that delays progress and drives up costs should help unlock significant economic benefits and enable faster delivery of the critical infrastructure that the UK urgently needs. This is a strong start and I look forward to seeing the full plans in the upcoming Planning and Infrastructure Bill.”