Barrister peer to lead review on national infrastructure amid claims of “inappropriate legal challenges”

Leading planning barrister Lord Charles Banner KC from Keating Chambers has been asked to lead a Government review into planning and delivery of national infrastructure projects.

The Department for Levelling Up, Housing and Communities (DLUHC) said that the review would build on wider government reforms to streamline the process for Nationally Significant Infrastructure Projects (NSIPs), “which are often held up by legal barriers and judicial reviews”.

Banner will explore “whether NSIPs are unduly held up by inappropriate legal challenges, and if so what are the main reasons and how the problem can be effectively resolved, whilst guaranteeing the constitutional right to access of justice and meeting the UK’s international obligations”, DLUHC said.

“Even unsuccessful challenges can set major projects back years in delays. This includes new road improvements, offshore wind farms and waste water management facilities.”

Banner will be assisted with the review by planning barrister Nick Grant of Landmark Chambers.

The review is expected to take three months and the Government will consider its recommendations once published.

Housing Minister, Lee Rowley said: “It is vitally important that we use every tool at our disposal to slash unnecessary planning delays and accelerate building where it is needed across the country.

“That is why I am delighted that Lord Banner will lead a review on how we can speed up the delivery of national infrastructure in the face of costly legal challenges. I look forward to the outcome of this crucial piece of work.”

Lord Banner said: “I am looking forward to analysing the information available, as well as the feedback from key stakeholders, to ascertain whether, within the terms of reference, there is a case for improving the process for legal challenges of NSIPs in a way that would reduce any identified impacts of inappropriate legal challenges whilst maintaining constitutional principles and relevant international obligations.”