Current rules mean unarguable cases can be dragged through the courts three times – causing years of delay and hundreds of millions of costs to projects.
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.
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.”
Data shows that over half – 58% – of all decisions on major infrastructure were taken to court.
On average, each legal challenge takes around a year and a half to be resolved – with many delayed for two years or more.
Projects hit by legal delays include:
- East Anglia wind farms were delayed by a group which dragged the case through the courts and lost at every turn – delaying it for over two years.
- Sizewell C, which was taken to court by a small group of activists, with the High Court dismissing it and describing aspects as “utterly hopeless” – despite this, work was left uncertain for two years and legal costs increased
- The A47 National Highway Project, which is improving our roads, was dragged to court by a former Green Councillor – his case was eventually dismissed as having ‘no logical basis’, after delaying the project by two years.
The government has also set out major reforms to end the block and delay to building homes and infrastructure from current environmental obligations.
A new Nature Restoration Fund would enable developers to meet their environmental obligations more quickly and with greater impact – accelerating the building of homes and improving the environment.
The new common-sense approach doesn’t allow newts or bats to be more important than the homes, roads and hospitals the country needs.
