The Government has announced new rules to streamline the construction of major infrastructure across Britain, including nuclear plants, train lines and wind farms.
The updated rules aim to tackle lengthy legal challenges currently holding up projects that are considered essential for economic growth and reducing carbon emissions.
Under the reforms, challenges to approved projects will be limited to one attempt when a judge considers the case ‘Totally Without Merit’, rather than allowing up to three legal challenges. The Government says this update will help reduce delays and costs, ensuring essential infrastructure progresses more swiftly.
Officials note that over half of all major projects face at least one court challenge, often causing lengthy setbacks. Wind farms in East Anglia reportedly faced more than two years of delays, while Sizewell C’s construction was held up for around two years despite a High Court dismissal of the challenge. The new measures are part of the Government’s ‘Plan for Change’ and aim to deliver growth, address transport issues such as road congestion, and support the UK’s net zero commitments.
These challenges haven’t just delayed projects, but they’ve also been costly for the developers of the project – with Sizewell C having seen its cost double as it’s been beset by delays and the increasing cost of materials.
Blocking the blockers
In a statement that can be characterised as ‘blocking the blockers’, Prime Minister Keir Starmer, noted, “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 a second attempt will be allowed for other cases.”
The Government believes these adjustments will send a positive signal to investors and business leaders considering projects in the UK. According to the Government, the new process will balance the need for genuine legal scrutiny with the aim of preventing unfounded challenges that stall progress.
A new way to meet environmental commitments
Alongside speeding up existing initiatives, the new measures form part of wider efforts to update rules around housing and environmental obligations. A new Nature Restoration Fund is also planned to enable developers to meet environmental commitments more effectively without protracted delays, although the Government says it will maintain protections to ensure thorough consideration of local impacts.
Lord Banner KC, author of the independent review into legal challenges against Nationally Significant Infrastructure Projects, commented, “My review concluded that there is a clear case for streamlining judicial reviews on consenting decisions for nationally significant infrastructure projects, given that delays to these projects cause real detriment to the public interest.
“In the course of my review, I saw broad consensus from claimants to scheme promoters that a quicker system of justice would be in their interests, provided that cases can still be tried fairly.
“I am therefore pleased to see the government acting on the back of my review. In particular, reducing the number of permission attempts to one for truly hopeless cases should weed out the worst offenders, without risking inadvertent delays because judges choose to err on the side of caution.
“I look forward to seeing these changes help to deliver a step change in the pace of infrastructure delivery in the months and years ahead.”
More details to come
Many within the electrical industry have been asking for changes to planning rules to help streamline the construction of clean energy projects, which consistently face opposition from local communities and even local councils.
We’ve covered a litany of rejections here on Electrical Review, such as Folkestone & Hythe District Council rejecting an 18 MW solar farm, or Medway Council rejecting the installation of solar panels on its own building’s roof. While there are sometimes legitimate concerns around these projects, they also have the potential to derail the UK’s quest to decarbonise.
It’s not just the risk to the UK Government’s decarbonisation plans, however. The public have also expressed frustration at the constant rejections of clean energy infrastructure, which could be given a clearer path under the upcoming Planning and Infrastructure Bill. While these new rules are the first sneak peek at what’s coming in that bill, it’s expected there are even more changes to come, with the bill set to be formally introduced in March.
Electrical industry reaction
Keith Anderson, CEO of ScottishPower, commented, “We’ve consistently said we’ll increase our investment in the UK if the Government can enact meaningful reforms that speed up planning and unlock economic growth. We welcome today’s announcement as an important step forward, in line with our commitment to doubling our investment in UK electricity grids and renewable energy to £24 billion by 2028.”
Connor Teskey, President of Brookfield Asset Management, added, “Planning reform is a key priority for our business in the UK. Whether it’s energy infrastructure, data centres or real estate, all of our investment strategies can be accelerated by a thoughtful and growth-oriented planning regime. We look forward to today’s proposals coming into effect and ultimately deploying more capital into this market.”
Tom Glover, UK Country Chair of RWE, said, “Climate change protection and low energy bills will only be achieved through the timely delivery of energy infrastructure. We therefore welcome the Government’s focus on streamlining the planning process to ensure nationally significant energy infrastructure cannot be frustrated by objections with no merit.
“As a leading developer and investor in energy projects, RWE values close and meaningful consultation with host communities and these proposals, in addition to the establishment of the Nature Recovery Fund, will minimise unnecessary and costly delays to the delivery of energy projects that are the bedrock of economic growth.”
John Pettigrew, CEO, National Grid, noted. “We welcome plans to speed up the delivery of crucial infrastructure, which will help drive economic growth across the country. The government is right to streamline the planning process whilst ensuring that communities retain the right to shape proposals.”
Alistair Phillips-Davies CBE, Chief Executive of SSE plc, remarked, “We’re on the cusp of the greatest transformation since the Industrial Revolution as we rewire and rebuild our energy system to achieve clean power by 2030.
“And in the form of the Government’s Clean Power Plan, we have a roadmap for getting there. A roadmap that will require around £40bn per year of private investment in clean electricity infrastructure that will in turn help drive economic growth as well as energy security.
“But to reach that destination, we need courage and an unwavering focus on unlocking low-cost private investment in low-carbon energy infrastructure – and that starts with faster and more effective planning processes.
“Too often, critical projects are caught up in unnecessarily drawn-out planning processes that help nobody. We therefore welcome the Government’s commitment to limit such delays and strike a better balance between scrutinising projects and getting them built at the speed the country needs.”
Chris O’Shea, Group Chief Executive of Centrica, concluded, “To reach the Government’s ambitious goals on clean power we need to get shovels in the ground, building green energy infrastructure as soon as possible. We are delighted at this bold move to demonstrate the UK is a great place to invest.
“We continue to work with the Government to accelerate the strategically valuable vital projects that will power the UK and provide cleaner, more secure energy to drive the economic growth that Government and businesses like Centrica are working in partnership to deliver.”