CIHT responds to independent review into legal challenges against Nationally Significant Infrastructure Projects

1st Nov 2024

Independent report has made recommendations to streamline the process of judicial review of development consent orders granted for nationally significant infrastructure projects.

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The Ministry of Housing, Communities & Local Government have published an independent review into legal challenges against Nationally Significant Infrastructure Projects by Lord Banner KC.  

The review was commissioned based on concerns that ‘unmeritorious’ legal challenges to development consent orders (DCOs) were causing undue delay to the delivery of nationally significant infrastructure projects (NSIPs). Lord Banner has concluded that these concerns are ‘in significant respects well-founded.’ 

In response, the report sets out a number of recommendations to streamline the judicial process, including:  

  • Designating DCO judicial reviews as significant planning court claims, to ensure these cases are dealt with promptly by the Planning Court 

  • Introduction of case management conferences for DCO judicial reviews, requiring parties to come together at an early stage to consider how best to approach claims.   

  • Introduction of target timescales for DCO judicial reviews in the Court of Appeal and the Supreme Court.   

  • The Planning Court and the Court of Appeal should regularly publish data on key performance indicators, such as the average length of time taken for DCO judicial reviews to progress through the courts.  

 

CIHT welcomes the publication of the report. The government confirmed in its consultation on reforms to the National Planning Policy Framework that it was planning reforms to NSIP regime to speed up delivery of critical infrastructure as part of its wider package of planning reforms. In our response to the NPPF reforms we emphasised that new developments must be serviced by sustainable transport networks. The NSIP regime can play a role in ensuring that communities are serviced and connected by new major infrastructure projects, and we welcome measures that will ensure the timely delivery of NSIPs.  

The Government has said it will review the recommendations, with a focus on ensuring there is a balance between the critical need for projects and maintaining the public’s right to challenge government decisions. 

CIHT offers its ongoing support to the government in the planning reform process. CIHT encourages the government to continue to engage with stakeholders throughout this process and would be happy to facilitate cross-sector discussions to assist with this. 

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