Consultation explores reforms to reduce delays while protecting access to justice
The Government has launched a consultation on extending judicial review reforms to major housing, transport and energy developments in an effort to reduce delays caused by unsuccessful legal challenges.
Announced on 16 July by the Ministry of Justice and the Ministry of Housing, Communities and Local Government, the proposals would expand reforms beyond Nationally Significant Infrastructure Projects (NSIPs) to cover other strategically important developments, including affordable housing, road schemes and solar projects.
According to the Government, judicial review remains an essential safeguard for ensuring the lawfulness of public decisions. However, the consultation considers whether targeted procedural changes could prevent weak or meritless claims from unnecessarily delaying nationally significant projects while maintaining access to justice and upholding the rule of law.
Among the measures under consideration are limiting repeated unsuccessful attempts to bring judicial review claims and introducing clearer court timetables for cases. The Government says these changes are intended to improve the speed and certainty of legal proceedings without removing the availability of judicial review as a legal remedy.
For solicitors advising developers, public authorities or claimants, the consultation signals the potential for further procedural reforms affecting the timing and conduct of judicial review proceedings involving major development projects. Firms working in planning and public law should monitor the consultation closely, as any changes could alter litigation strategy, case management and the opportunities available to challenge planning decisions.
The proposals build on reforms introduced through the Planning and Infrastructure Act 2025 and changes to court rules for Nationally Significant Infrastructure Projects (NSIPs). The Government says those measures have streamlined judicial review procedures, reduced delays and discouraged meritless claims by simplifying the process and enabling cases to be resolved more quickly.
Minister for Courts and Legal Services Sarah Sackman KC MP said Britain needs more homes, transport links and infrastructure, adding that legal challenges lacking merit should not prevent developments that support jobs and economic growth. She said judicial review would remain a vital safeguard but “cannot be a vehicle for delay”.
The six-week consultation also seeks views on whether any further reforms should be confined to major infrastructure and other strategically important developments, and how they could be designed to avoid placing unnecessary pressure on court resources while preserving access to justice.
The announcement forms part of the Government’s wider programme to accelerate planning decisions, with a target of delivering 150 major infrastructure decisions during the current Parliament. It also follows earlier reforms aimed at streamlining infrastructure planning and reducing delays in the delivery of nationally important projects