Access to justice in legal challenges to infrastructure projects

This project will review how judicial review litigation is used to challenge major infrastructure projects. 

Why is this important?

Improving the UK’s infrastructure delivery record is seen as key to stimulating economic growth and a sustainable Net Zero transition. Similarly, it is viewed as a strategy for combatting socioeconomic inequalities—including regional and generational inequality, fuel poverty, and the cost-of-living crisis. The Labour Government is pledging to decide 150 major infrastructure applications in this Parliament, compared with 130 consents since 2010. To facilitate this, the government is streamlining the planning system, reflecting a long-held cross-party perception that planning processes inhibit infrastructure delivery. Judicial review has been framed as a central tool empowering so-called ‘NIMBY’ opponents, or ‘blockers’, to frequently disrupt and delay projects that have received planning approval.  

What does it involve?

The Government is introducing reforms to Nationally Significant Infrastructure (NSIP) judicial review, and some stakeholders are calling for them to go further. The research team will conduct the first comprehensive empirical study of how judicial review litigation is used to challenge major infrastructure projects. The following questions will be answered: 

1. What are the characteristics of the NSIP judicial review caseload?  
2. What are stakeholders’ perspectives on the causes, operation, and impacts of NSIP judicial review?  
3. What options for reform to NSIP judicial review, if any, might be available which are proportionate to the importance of maintaining access to justice? 

The research will be completed in three phases: 

• Systematically map judicial review caseloads from 2008 to 2026 through content analysis, identifying patterns and stakeholder impacts.   
• Conduct qualitative interviews with approximately 50 stakeholders to understand judicial review operations and impacts.   
• Evaluate reform options, informed by the first two phases, through stakeholder engagement and a policy-focused roundtable.   

How will it make a difference?

Findings will be directly shared with key stakeholders, including policymakers, justice organisations, and think tanks, with the aim of informing policy and legislative changes. Outputs will include policy-focused briefing documents and a publicly accessible online database.