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Robbie Owen<\/a>, an infrastructure planning and consenting expert at Pinsent Masons, was commenting after UK chancellor John Healey last week<\/a> set out the government\u2019s intention to make changes to government consultation practice generally, and to proceed with further reforms to judicial review procedures for \u2018nationally significant infrastructure projects\u2019 (NSIPs).<\/p>\n Judicial review<\/a>\u00a0is a form of legal challenge that permits a court to audit the legality of decision-making by a public body in the UK. However, in recent years, there have been growing concerns<\/a>\u00a0that nationally important infrastructure projects have been too easily derailed by judicial review. Notably, the building of the Sizewell C nuclear power plant was delayed by two judicial reviews, both of which ended up being dismissed by the courts. The proposed tunnel under Stonehenge was also delayed by over four years by two sets of judicial reviews, leading to the incoming government in July 2024 deciding that inflation in the meantime had resulted in the project no longer being affordable. <\/p>\n In early 2025, the UK government confirmed<\/a> that it would take forward recommendations made by Lord Charlie Banner KC<\/a>\u00a0following his review into legal challenges against NSIPs. Some reforms followed via the Planning and Infrastructure Act 2025<\/a>, with a streamlining of the judicial review process and enhancement of court powers to dismiss applications that are without merit at an early stage with no right to appeal.<\/p>\n Subsequently, in May 2026 the Starmer government outlined two plans<\/a>\u00a0to limit further the scope for judicial reviews, including in relation to \u2018critical\u2019 national energy projects designated by parliament. However, Healey said<\/a> the government will go further and \u201cextend our reforms of judicial review from energy to all major infrastructure so that vexatious legislation and vexatious litigation cannot block economic growth.\u201d\u00a0<\/p>\n Documents released alongside John Healey\u2019s comments confirmed that the government was planning to proceed with those same May 2026 proposals, but as expanded in terms of the types of projects covered.<\/p>\n \u201cParliament will be able to designate and approve the country\u2019s most important infrastructure projects giving them significant enhanced protection from legal challenge,\u201d the government said. \u201cThis expands plans first proposed for critical energy infrastructure, extending the parliamentary authorisation mechanism to a wider range of nationally important projects. The relevant Secretary of State would identify projects of critical national importance, with Parliament voting to approve their designation and final consent.\u201d\u00a0<\/p>\n \u201cThe government also plans to introduce a fixed Challenge Window, which will ensure points of legal challenge are identified and addressed earlier, helping prevent delays after consent has already been granted. This will provide greater certainty once decisions have been taken,\u201d it added.<\/p>\n Healy\u2019s announcement followed a consultation<\/a> by the Ministry of Justice that closed on 27 August, which sought industry views on extending judicial review reform for NSIPs to other planning regimes. <\/p>\n Broader moves to reduce the number of consultations and reporting requirements that can hold up project development have also been set out in a related letter penned to ministers<\/a> (3 pages \/ 315 KB PDF) by the chancellor, the first secretary of state, Louise Haigh, and the attorney general, Ellie Reeves KC. However, those commitments have been followed this week by the publication of a new report by the Public Private Partnership Commission (PPPC)<\/a> which flagged the need for much greater public and private investment if the UK\u2019s infrastructure needs are to be met.<\/p>\n The PPPC is an advocacy group backed by business groups, including Kier, Serco and Dalmore Capital. Its chair is Sir John Armitt, the former chair of the now defunct National Infrastructure Commission (NIC). The NIC was replaced by the National Infrastructure and Service Transformation Authority (NISTA)<\/a>, which now has a leading role to play in both UK infrastructure strategy and on delivery. NISTA published its 10-year strategy and first UK infrastructure pipeline last year.<\/p>\n