Legal challenges to infrastructure plans to be blocked in Starmer growth push

Prime minister hopes his plan to ‘take the brakes off Britain’ will send a message to business to build more

Pippa Crerar, Kiran Stacey, Sandra Laville and Patrick Barkham. Guardian 23rd Jan 2025

Legal challenges to infrastructure plans to be blocked in Starmer growth push

Prime minister hopes his plan to ‘take the brakes off Britain’ will send a message to business to build more

Pippa Crerar, Kiran Stacey, Sandra Laville and Patrick BarkhamThu 23 Jan 2025 11.01 AEDTShare

Campaigners will be blocked from “excessive” legal challenges to planning decisions for major infrastructure projects including airports, railways and nuclear power stations as part of the government’s drive for economic growth.

High court judges will be given the power to rule that judicial reviews on nationally significant projects that they regard as “totally without merit” – and which can currently be brought to the courts three times – will be unable to go to appeal.

Keir Starmer said the change would “take the brakes off Britain” by reforming the planning system, sending a message to business to build more national infrastructure, as ministers desperately pursue opportunities to improve the economy.

“For too long, blockers have had the upper hand in legal challenges – using our court processes to frustrate growth,” he said.

“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.”

It is one of a range of measures being considered by the government as part of an all-encompassing dash for growth, which has caused alarm among environmental groups.

With GDP figures barely moving since the election, Rachel Reeves is looking at proposals from airport expansion to widespread deregulation in an effort to improve the UK’s economic outlook.

Government sources said the chancellor was “deeply unimpressed” with the pro-growth ideas presented by a number of the country’s biggest regulators when she met them last week, and has since instructed them to improve their plans………………………………………………………………………….

However, some environmentalists have expressed unease with the government’s drive to curtail legal challenges to infrastructure projects, of which they have promised to deliver 150 this parliament………………….

​In February 2020, Starmer tweeted “congratulations to the climate campaigners” when plans for a third runway at Heathrow airport were ruled illegal by the court of appeal after a judicial review.

“There is no more important challenge than the climate emergency. That is why I voted against Heathrow expansion,” he said then…………………………………

The current first attempt – known as the paper permission stage – will be scrapped. 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. A request to appeal second attempt will be allowed for other cases………………………………….

Green groups also have voiced concerns over plans to overrule environmental protections to free up the planning system with a new Nature Restoration Fund which, the government said, would not allow protected species such as newts and bats to be deemed more important than homes or infrastructure.

Niall Toru, senior lawyer at Friends of the Earth, said: “No one is above the law, not even the government.

“Friends of the Earth only brings cases we think are strong and necessary to protect people and nature from unlawful harm – and considering our string of recent legal wins, so do the courts.

“It is deeply concerning that Labour is attempting to scapegoat claimants. If ministers don’t want to be challenged in the courts, they should act within the law, because already cases aren’t allowed to proceed unless they have merit.”

Dr Ruth Tingay, a prominent environmental campaigner and a co-director of Wild Justice, said: “It sounds like Starmer is auditioning for a role in Trump’s cabinet.

“This proposal doesn’t make any sense whichever way you look at it. First, campaigners can only take judicial reviews if their case does have merit, as judged by the high court.

“So to then allow another judge to block an appeal on the basis that the case is ‘totally without merit’ is nonsensical and will lead to problems of accountability and lack of scrutiny.

“Second, and more importantly, economic growth based on environmental and climate degradation is a loser’s game, and we’ll all be paying the price of that.” https://www.theguardian.com/politics/2025/jan/23/legal-challenges-to-infrastructure-projects-to-be-blocked-in-push-for-growth

January 25, 2025 - Posted by Christina Macpherson | politics, UK