Communities fighting to block large housing developments could be limited to a single court challenge under a new Labour crackdown on Nimbyism.
The Government said it was considering extending restrictions on legal challenges that apply to major infrastructure projects to smaller schemes in a consultation published on Thursday.
Residents opposing projects such as housing developments with more than 150 homes and wind farms with around a dozen turbines could be limited to a single hearing before a High Court judge if the plans go ahead.
At present, the principle that opponents of developments are allowed one opportunity to issue a legal challenge applies only to projects considered to be “nationally significant infrastructure”, which includes new roads, airports and nuclear power plants.
To launch a challenge against a planning decision, objectors must first gain permission from a High Court judge for their case to be heard in full. Under the current system to challenge smaller projects, a judge initially considers whether to let a case proceed based on submitted paperwork.
If this application is refused, groups can request that the decision be reconsidered at an oral hearing. A final avenue is available if the request for a review of the planning decision is refused again, which involves appealing the case to the Court of Appeal.
Under the proposed reforms, the two additional routes – the initial paper stage, where a judge considers written submissions, and the final right of appeal – would be eliminated. However, the final right of appeal would only be scrapped for cases determined to be “totally without merit”.
The Ministry of Justice confirmed that it was also looking to remove the final right of appeal for “meritless” challenges to planning decisions for smaller projects, including developments of fewer than 150 homes and house extensions.
Paper submissions would remain for these cases, as requiring all planning claims to proceed directly to an oral hearing would place “significant additional demand” on the courts, consultation documents stated.
The proposed reforms come as part of a wider crackdown on Nimbyism by Labour since it took office two years ago.
The Government has reintroduced mandatory housing targets for councils, which has alarmed some rural communities, including residents in Redbourn, Hertfordshire, which is set to treble in size as a result.
Councils have also been told to review areas of the green belt land, which is protected from most development, to see whether they can be reclassified as “grey belt”, paving the way for unused land to be built over.
Chancellor Rachel Reeves has said the Government must end Nimbyism to “get Britain building” and boost economic growth.
Ministers said that changing judicial review rules would help to accelerate planning decisions as the Government seeks to meet its housing and infrastructure targets. Labour has pledged to push through 150 “major infrastructure” planning decisions by the end of this parliament, as well as deliver 1.5 million new homes.
A judicial review is not an appeal against a planning decision itself, but instead asks the court to assess whether procedural mistakes were made in the process of determining a planning application.
Rosie Pearson, of the Community Planning Alliance, a campaign group trying to preserve urban and rural green spaces, said: “The Government continues to go about things the wrong way – changing the judicial review rules simply allows bad projects to proceed.”
Sarah Sackman KC, the courts minister, said: “Britain needs more homes, better transport links and new infrastructure. Legal challenges which lack merit should not be allowed to hold back the developments that create jobs, drive growth and strengthen communities.
“Judicial review will remain a vital safeguard, but it cannot be a vehicle for delay. We want to protect access to justice while getting nationally important projects built faster.”
Communities fighting to block large housing developments could be limited to a single court challenge under a new Labour crackdown on Nimbyism.
The Government said it was considering extending restrictions on legal challenges that apply to major infrastructure projects to smaller schemes in a consultation published on Thursday.
Residents opposing projects such as housing developments with more than 150 homes and wind farms with around a dozen turbines could be limited to a single hearing before a High Court judge if the plans go ahead.
At present, the principle that opponents of developments are allowed one opportunity to issue a legal challenge applies only to projects considered to be “nationally significant infrastructure”, which includes new roads, airports and nuclear power plants.
To launch a challenge against a planning decision, objectors must first gain permission from a High Court judge for their case to be heard in full. Under the current system to challenge smaller projects, a judge initially considers whether to let a case proceed based on submitted paperwork.
If this application is refused, groups can request that the decision be reconsidered at an oral hearing. A final avenue is available if the request for a review of the planning decision is refused again, which involves appealing the case to the Court of Appeal.
Under the proposed reforms, the two additional routes – the initial paper stage, where a judge considers written submissions, and the final right of appeal – would be eliminated. However, the final right of appeal would only be scrapped for cases determined to be “totally without merit”.
The Ministry of Justice confirmed that it was also looking to remove the final right of appeal for “meritless” challenges to planning decisions for smaller projects, including developments of fewer than 150 homes and house extensions.
Paper submissions would remain for these cases, as requiring all planning claims to proceed directly to an oral hearing would place “significant additional demand” on the courts, consultation documents stated.
The proposed reforms come as part of a wider crackdown on Nimbyism by Labour since it took office two years ago.
The Government has reintroduced mandatory housing targets for councils, which has alarmed some rural communities, including residents in Redbourn, Hertfordshire, which is set to treble in size as a result.
Councils have also been told to review areas of the green belt land, which is protected from most development, to see whether they can be reclassified as “grey belt”, paving the way for unused land to be built over.
Chancellor Rachel Reeves has said the Government must end Nimbyism to “get Britain building” and boost economic growth.
Ministers said that changing judicial review rules would help to accelerate planning decisions as the Government seeks to meet its housing and infrastructure targets. Labour has pledged to push through 150 “major infrastructure” planning decisions by the end of this parliament, as well as deliver 1.5 million new homes.
A judicial review is not an appeal against a planning decision itself, but instead asks the court to assess whether procedural mistakes were made in the process of determining a planning application.
Rosie Pearson, of the Community Planning Alliance, a campaign group trying to preserve urban and rural green spaces, said: “The Government continues to go about things the wrong way – changing the judicial review rules simply allows bad projects to proceed.”
Sarah Sackman KC, the courts minister, said: “Britain needs more homes, better transport links and new infrastructure. Legal challenges which lack merit should not be allowed to hold back the developments that create jobs, drive growth and strengthen communities.
“Judicial review will remain a vital safeguard, but it cannot be a vehicle for delay. We want to protect access to justice while getting nationally important projects built faster.”