The new plan will implement changes to challenge rules for major infrastructure, reducing the number of times major infrastructure can be challenged in court
The Plan for Change will alter the current rules that allow major infrastructure plans to be challenged in court three times, which the Government considers excessive and costly, delaying projects and taking up court time.
The new plan will allow projects to be challenged in court only once.
58% of all major infrastructure decisions are taken to court
The current Government seeks to strike a balance between ensuring major infrastructure decisions are fair and just, while also maximising growth as much as possible, both in infrastructure construction and economic growth.
Government data shows that every legal challenge takes, on average, a year and a half to resolve, with many taking more than two years.
Examples of delayed infrastructure decisions include East Anglia wind farms, Sizewell C, and the A47 National Highway Project.
Courts have spent over 10,000 working days on infrastructure decision cases, which the Plan for Change intends to change.
Plan for Change too late for A47 National Highway Project
The planned project was for a Norwich Western Link road, planned to cost £274m, and the project was waiting for approval. Last year, Natural England changed rules for Barbastelle bats, which can be found on the proposed road’s route.
Natural England objected to the project, saying that its construction “would destroy one of the largest remaining populations in the UK.”
The planning application has now been withdrawn as the council has been unable to resolve issues brought about by the change to the bat’s rules.
The project would connect the Northern Distributor Road to the A47, with the intent to reduce traffic congestion, reduce commute times, and improving air quality.
On the Plan for Change, 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.”
Melanie Leech CBE, chief executive of the British Property Federation, said: “We can build great infrastructure in the UK – eventually. From power stations to bypasses, we take longer to deliver important national projects than other developed nations, and that has to change.
“If we want to grow the economy and fund vital public services, then we have to better balance environmental and community interests with the benefits of development, and do so in a clear and timely way. Reducing the scope for vexatious and unmerited legal challenges, whilst retaining a right to appeal, is a very positive step in achieving this.”
Some in the industry praise the move, while others disagree with the move
Sean Keyes, CEO of Sutcliffe, said: “Sir Keir Starmer aims to accelerate Britain’s progress by reinforcing his message to businesses to ramp up construction. I am optimistic about this direction, particularly given his newly announced reforms to the planning system and his proactive stance on blocking campaigners from making excessive legal challenges to major infrastructure projects.
“It’s crucial for the country to expand its infrastructure, including airports, railways, schools and hospitals to fuel economic growth. For far too long, blockers have had the upper hand when it comes to frustrating growth. While it’s important to avoid cutting corners regarding the legal process, it’s clear that this culture of delay must come to an end, especially with GDP stagnating since Rachel Reeves’ budget.”
Roger Mortlock, CPRE chief executive, said: “The government should bring people together to tackle the climate emergency, not set them against each other with tired, divisive language.
“Campaigners bringing legal challenges only do so because they think the law is being broken. Allowing judges to block these concerns as ‘totally without merit’ is anti-democratic and, when it comes to the climate crisis, dangerously short-sighted.
“Climate change is the single biggest threat to the countryside. It’s clear we’ve got to build a clean energy grid fit for the future but the best way to achieve this is with local communities involved from the start.
“The UK could learn from countries such as Ireland and Australia, which involve communities in decision making from the beginning, reducing the need for lengthy and expensive legal processes without eroding democracy. For everyone’s sake, we should be building consensus, not dismissing people with real ideas and solutions as ‘blockers’.”
