Government sets out terms of reference for review of causes of legal challenges within NSIP regime

The Department for Levelling Up, Housing and Communities has this week published the terms of reference for the review of the causes of legal challenges brought against the Nationally Significant Infrastructure Projects (NSIP) regime.

The review, which applies to England, was first announced in the Government’s 22 November 2023 Getting Great Britain Building Again policy paper. It is being led by Keating Chambers’s Charles Banner KC, who was appointed to the role in February this year.

The terms of reference say that the purpose of the review “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.”

It added that 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? 

Lord Banner is expected to deliver a written report to the Secretary of State, Michael Gove, and the Housing and Planning Minister, Lee Rowley, three and a half months after the review period is over on 27 May 2024.