Nationally significant infrastructure projects and judicial review

Lord Charles Banner KC of Keating Chambers, leader of the Independent Review of Legal Challenges to Nationally Significant Infrastructure Projects (NSIPs), will join an expert panel to discuss his findings and the planning and judicial review reforms recently announced by government under its Plan for Change.

The Panel will explore the challenges and delays faced in bringing forward critical infrastructure projects and government plans to support infrastructure and housing development, including a move away from multiple project-specific environmental assessments to a strategic environmental outcome and delivery plan announced by government, in addition to reducing delays and limiting the scope for legal challenges.

This is a timely event for promoters, advisers and stakeholders to take stock and reflect on the practicalities of the NSIP process and potential solutions to the challenges faced. The government has recently published the latest in its series of ‘Planning Reform Working Papers on ‘Streamlining Infrastructure Planning’ which invites views on potential changes to the Planning Act 2008 to speed up the development of national infrastructure.

Our Panel of experts will lead the discussions on the government’s direction of travel and opportunities for change to be taken forward in the Planning and Infrastructure Bill, which is anticipated this Spring. The Panel will consider the government’s proposed changes to the 2008 Act including the process for updating and reviewing National Policy Statements (NPSs); changes to provide more clarity on how the application acceptance test is applied and consultation requirements are met; new provisions enabling an ‘opt out’ of the NSIP process; how the need for ‘other consents’ is best dealt with under the 2008 Act; and varying the standard NSIP process for certain types of project where there may be clusters or similar issues.

The Panel will consider the likely effect of these measures and whether they are likely to be enough to improve performance, reduce legal challenges and avoid delays, or whether more is required.

Who should attend

This session will be of interest to promoters of critical infrastructure projects and to advisers and stakeholders.