UK Government Drafts Bill to Limit Infrastructure Legal Challenges

The Government of the United Kingdom is drafting a new planning bill aimed at preventing environmental groups from using judicial reviews to delay nationally significant infrastructure projects. Prime Minister Keir Starmer commissioned Charles Banner KC, a Conservative peer and judicial review expert, to design legislation that limits the ability of claimants to drag meritless cases through multiple appeals. The government intends to ensure there is only one attempt at a legal challenge if a court deems a case to be totally without merit.

A primary driver for this legislation is the expansion of Heathrow Airport's third runway, which Chancellor Rachel Reeves considers essential for economic growth. To facilitate this, the administration is considering withdrawing from the Aarhus convention, an international treaty that protects the right of citizens to challenge environmental decisions and caps legal costs for losing claimants.

Legal experts and environmental groups have warned that leaving the treaty could destabilize the UK's constitution and silence legitimate public objections. Charles Banner KC noted that as long as the UK remains a member of the Aarhus convention, there is no case for amending cost cap rules to reduce the number of challenges.