The Chancellor is expected to announce reforms that will give Parliament the authority to approve energy schemes and infrastructure projects, reducing the chance of judicial reviews.
The proposed changes on a policy note published today are intended to reinforce the UK’s energy security, drive down consumer bills and support the UK Government’s “central mission of economic growth”, it said.
It is also expected to allow promoters of smaller energy projects to apply directly to the Planning Inspectorate, rather than having to go through local councils to support faster decision-making.
The move would allow Parliament to designate and approve the most important clean energy projects as being of ‘Critical National Importance’ (CNI), reducing the exposure from judicial review on all but human rights grounds.
For all other nationally significant infrastructure, including transport and water projects, the UK Government said will introduce a “fixed legal challenge window”, at the end of which the planning consent could be updated to address any legitimate issues.
This would reduce the potential grounds for judicial review, it claimed, and courts would be able to make use of existing reforms to deny permission where it was clear the claim was “without merit”.
The law would also be changed to require the courts to refuse permission for a judicial review to proceed on any issues not brought up during the consenting period or in the challenge window.
The Government said it was taking action Of 167 Development Consent Order decisions made since 2008, just six were quashed following a challenge – with many more failed processes costing developers, taxpayers and the economy billions in delays and wasted time.
A Treasury spokesperson said:
“For too long, vital infrastructure delivery has been delayed by judicial reviews of projects the country needs. The Chancellor won’t stand for it any longer and is bringing forward bold changes to support delivery.
“She is clear that Parliament must take back control – to get Britain building the power plants, wind farms and grid connections that will bring bills down, strengthen our energy security, and deliver growth in every part of our country.”Ben Brittain, Director of Public Affairs at the Association for Consultancy and Engineering (ACE), said:
“Today’s announcement is the right thing to do if we are serious about growth, energy security and getting Britain building again. For too long, critical infrastructure projects have been delayed by blockers, layers of uncertainty and lengthy legal challenge, driving up costs and holding back investment.
“Sensible limits on judicial review for nationally significant clean energy, transport and water projects, alongside wider planning reform, can help accelerate delivery while maintaining confidence in the process. Britain cannot afford to spend years debating infrastructure we already know we need; we must get on and build it.”
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