Government taps eminent lawyer to oversee reassessment of nation's core infrastructural systems
Lord Charles Banner KC, a distinguished barrister and Queen's Counsel, has been appointed to lead an independent review aimed at speeding up the delivery of infrastructure projects in the UK. The review, announced as part of the autumn statement last year, will take three months and will be assisted by fellow barrister Nick Grant.
The review focuses on Nationally Significant Infrastructure Projects (NSIPs), such as new road improvements, offshore wind farms, and waste water management facilities. It aims to identify the main reasons for delays in these projects and propose solutions, while ensuring the constitutional right to access of justice and meeting the UK's international obligations.
One of the key recommendations of the review is to reform the planning regime for NSIPs. Currently, it often takes as long to get through the planning process as it does to deliver the project itself. To address this issue, the review proposes streamlining the system to accelerate decisions and reduce prolonged timelines.
Another significant recommendation is the tightening of rules around judicial reviews, particularly for NSIPs. Banner recommended removing the right of appeal for cases deemed to have no merit at the oral permission hearing stage in the High Court. This change aims to reduce the potential for delay caused by unmeritorious legal challenges.
These judicial review reforms are being incorporated into the Planning and Infrastructure Bill, which will make it harder to delay projects through legal challenges that do not have a substantial basis. This is expected to foster greater certainty and speed in infrastructure development.
Lord Banner's proposals support government reforms to integrate better planning and environmental considerations upfront, reducing the scope for later legal obstacles and ensuring that projects can proceed in a more legally robust and predictable manner.
Despite these efforts, it's important to note that even if a legal challenge is unsuccessful, infrastructure projects can still experience major setbacks. For instance, the Norfolk A47 project, originally planned to be completed by the end of 2025, has been delayed by more than 20 months due to a legal challenge.
Infrastructure Minister, Lee Rowley, has stated that it is important to use every tool to slash unnecessary planning delays and accelerate building where it is needed across the country. The government will consider the recommendations once the review has been published.
[1] Government Press Release, "Accelerating Nationally Significant Infrastructure Projects", 2021 [4] Planning and Infrastructure Bill, 2021-2022 [5] House of Commons Library, "Planning and Infrastructure Bill", 2021-2022
- To boost housing and business development in the UK, Lord Charles Banner KC's independent review focuses on streamlining the planning system for Nationally Significant Infrastructure Projects (NSIPs), aiming to reduce prolonged timelines and increase certainty in infrastructure finance.
- The proposed reforms to judicial reviews for NSIPs, as outlined by Lord Banner, include removing the right of appeal for cases deemed to have no merit at the oral permission hearing stage in the High Court, which could potentially decrease delays caused by unmeritorious legal challenges, thus expediting housing and infrastructure projects in the UK.
