Review on the causes of legal challenges brought against the NSIP regime and the scope and options for improving existing processes
Published 26 April 2024
Applies to England
© Crown copyright 2024
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This publication is available at https://www.gov.uk/government/publications/national-infrastructure-legal-challenges-review-terms-of-reference/review-on-the-causes-of-legal-challenges-brought-against-the-nsip-regime-and-the-scope-and-options-for-improving-existing-processes
Background
In the 22 November 2023 Getting Great Britain Building Again policy paper, HM Government committed that:
The government will (therefore) explore options to discourage repeated and potentially inappropriate legal challenges that add significant taxpayer costs, while maintaining access to justice in line with our domestic and international legal obligations. We will review different ways to do this, for example, amending the rules for unsuccessful or repeated challenges and will report on the findings of this review within 3 months.
DLUHC intends to publicly appoint Charles Banner KC to lead this review. Charles will work with Nicholas Grant to support this review and DLUHC will create a dedicated Secretariat to project manage the review and act as a link between Charles and Minister Rowley, who will be the responsible minister.
Terms of reference
Purpose
The purpose of the Review led by Charles Banner KC, is to explore causes of legal challenges brought against the NSIP regime and the scope and options for improving existing processes. We want to ensure the government is maintaining access to justice in line with our domestic and international legal obligations, whilst considering whether improving existing processes could reduce delay to vitally important infrastructure.
The Review will consider how to define the term ‘inappropriate’ legal challenges as made in the Getting Britain Building paper and establish whether challenges which can be deemed to fit this definition are having a particular impact.
Scope
The Review will aim to answer the following key question:
Are NSIPs unduly held up by inappropriate legal challenges? If so, what are the main reasons for this and how can the problem be effectively resolved?
Objectives
The Review will answer this above question within 3 and a half months from the date that Charles Banner KC is appointed. This will take the form of a written report to Secretary of State DLUHC and Minister Lee Rowley Minister of State for Housing and Planning. This report may be published on GOV.UK.
The Review reports to the Minister of State for Housing and Planning. The Review will report halfway through the 3 and a half month period to update the minister.
Remit
The Review will be both independent and advisory focused on the causes of legal challenges brought against the NSIP regime and the scope and options for improving existing processes.
New panel members
The Review may co-opt new panel members. These must be agreed by the Minister for Housing and Planning and the Secretary of State for Levelling Up, Housing and Communities.
Meetings
The DLUHC Secretariat will meet regularly with Charles Banner KC throughout the course of the review, bringing in officials from the Ministry of Justice and the Department for Environment, Food and Rural Affairs as appropriate.
Charles Banner KC will also have a halfway check in with Minister Rowley halfway into the 3 and a half month review period.
Support for the Review
A DLUHC Secretariat will provide support to the Review.
Duration
The Review began on 12 February 2024 and report 3 and a half months after the review period is over on 27 May 2024.