Parliament to shield clean energy projects from judicial review

The news

Nationally significant clean energy projects will be protected from judicial review on all but human rights grounds, the government has announced. Chancellor Rachel Reeves will announce reforms that will empower Parliament to approve critical energy schemes and better insulate infrastructure projects from court challenges. The changes, published in a policy note on Thursday 21 May, will enable Parliament to green light clean energy schemes by designating them to be of critical national importance.

What's at stake

The new CNI route would apply exclusively to clean energy projects, reflecting the national urgency of the UK's need to get off the fossil fuel rollercoaster. All other major infrastructure projects would benefit from the fixed-window route. Regarding other infrastructure projects deemed to be of national significance, including water and transport schemes, the government plans to introduce a fixed legal challenge window.

At the end of this window period, planning consent could be updated to address any legitimate issues. Judicial review will still have a vital role to play, but in its intended purpose of ensuring the right legal process has been followed rather than to re-examine the whole application again.

The case for

Faster approvals will cut delays and speed up cheaper, secure energy supplies. These reforms will ensure fairness remains within the planning process while enabling the much-needed roll-out of clean energy. The changes will allow Parliament to approve critical energy schemes and better insulate infrastructure projects from court challenges.

The case against

Limiting judicial review reduces accountability and risks overlooking local concerns. Judicial review will still have a vital role to play in ensuring the right legal process has been followed. At the end of the fixed legal challenge window, planning consent could be updated to address any legitimate issues.

Why it matters now

If the reforms proceed, clean energy projects designated as critical national importance will face fewer court challenges. Other major infrastructure projects will move through a fixed legal challenge window instead. The next political milestone is the parliamentary process for approving the new measures.

Further reading

constructionnews.co.uk

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