Government consults on extending judicial review reforms to major housing, transport and energy developments

Following an independent review by Lord Banner KC and a government call for evidence in 2024, the Government last year took forward a number of reforms to the judicial review process for NSIPs.

The consultation paper highlights section 13 of the Planning and Infrastructure Act 2025 (PIA 2025), which came into force earlier this year. It requires NSIP cases to proceed directly to an oral permission hearing and removes the right of appeal for claims which are deemed totally without merit at that hearing.

"The effect is that there is now only one ‘bite of the cherry’ for meritless cases, instead of the three attempts that were previously available. The measure was used for the first time on 24 April 2026 in the Stonestreet Green case, allowing an important solar project to continue with minimal delay," the consultation paper notes.

The Government has also worked with the judiciary on further amendments to the Civil Procedure Rules and associated Practice Directions to ensure NSIP cases were dealt with "more quickly and consistently".

The Government claimed the reforms “streamlined judicial review for NSIPs, helping to reduce delays, deter weak and meritless claims and ensure cases are resolved more quickly.”

The current consultation seeks views on whether the NSIP judicial review reforms should be extended to other planning regimes in England and Wales, with the Government noting it is “particularly interested” in major infrastructure projects and other strategically important developments consented under the Town and Country Planning Act 1990 and the Transport and Works Act 1992.

It added: “While judicial review remains a vital safeguard, the consultation will explore targeted reforms – including limiting repeated unsuccessful attempts to bring claims and introducing clearer court timetables – to prevent weak and meritless challenges from holding up nationally important projects, while protecting access to justice and the rule of law.”

The Government has meanwhile confirmed changes coming into force next week to remove mandatory pre-application consultation requirements for NSIPs.

Minister for Courts and Legal Services, Sarah Sackman KC MP, said: “Britain needs more homes, better transport links and new infrastructure. Legal challenges which lack merit should not be allowed to hold back the developments that create jobs, drive growth and strengthen communities. 

“Judicial review will remain a vital safeguard, but it cannot be a vehicle for delay. We want to protect access to justice while getting nationally important projects built faster.”

The six-week consultation will run until 27 August 2026.

Lottie Winson