Six-week consultation launched on plans to cut legal challenges against smaller schemes
Limits on the number of legal challenges allowed against major infrastructure projects could be extended to housing schemes under government plans put out to consultation today.
Reforms introduced last year through the Planning and Infrastructure Act have sought to reduce delays on National Significant Infrastructure Projects (NSIPs) by cutting the number of judicial reviews which can be brought against the schemes.
The government is now proposing to apply the same reforms to housing, transport and energy schemes to prevent them from being held up by “weak and meritless challenges”.
The 2025 changes removed the first ‘paper permission’ stage of judicial reviews and removed the right to appeal if the High Court rules a complaint is without merit.
This has meant that the number of judicial reviews brought against a project has been reduced from three to two for claims with an arguable case and to one for claims deemed to be without merit.
The government said extending the reforms could mean projects including affordable housing schemes, road upgrades or solar farms could be delivered faster.
The six-week consultation seek views on whether reforms should focus on major infrastructure projects and other strategically important developments, and will consider how any changes can avoid undue pressure on court resources.
Sarah Sackman KC MP, minister for courts and legal services, said: “Britain needs more homes, better transport links and new infrastructure. Legal challenges which lack merit should not be allowed to hold back the developments that create jobs, drive growth and strengthen communities.
“Judicial review will remain a vital safeguard, but it cannot be a vehicle for delay. We want to protect access to justice while getting nationally important projects built faster.”
The government has also confirmed changes coming into force next week to remove mandatory pre-application consultation requirements for NSIPs, cutting up to 12 months from the planning process.
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