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.
