Top barrister appointed to lead government review on national infrastructure
The government have confirmed that (Lord) Charles Banner KC will lead an independent review to speed up the delivery of infrastructure projects.
Housing Minister Lee Rowely, and Secretary of State James Cleverely have claimed Banner will be leading on the new review as infrastructure projects are often held up by legal barriers and judicial reviews.
To say Banner is successful in his field would be an understatement. He was called to the Bar of England & Wales in 2004 and to the Bar of Northern Ireland in 2010. In addition, he was also appointed to the Queen’s Counsel in 2019, during which he was only 38 – the youngest of the 2019 silks.
Assisted by fellow barrister Nick Grant, Banner will explore whether Nationally Significant Infrastructure Projects (NSIPs) are unduly upheld by inappropriate legal challenges, and if so, what are the main reasons and how the problem can be resolved, whilst guaranteeing the constitutional right to access of justice and meeting the UK’s international obligations.
An infrastructure project is a plan that focuses on the improvement and upkeep of services that are already in place in the country. Examples include, new road improvements, offshore wind farms and waste water management facilities.
It should also be noted that even if a legal challenge is unsuccessful, projects can still experience major setbacks.
One recent example of this is the Norfolk A47 project. Originally planned to be completed by the end of 2025, three new road schemes have been delayed by more than 20 months after climate activist, Dr Andrew Boswell, took National Highways to court.
Housing Minister, Lee Rowely, said: ‘It is vitally important that we use every tool at our disposal to slash unnecessary planning delays and accelerate building where it is needed across the country.
‘That is why I am delighted that (Lord) Banner will lead a review on how we can speed up the delivery of national infrastructure in the face of costly legal challenges. I look forward to the outcome of this crucial piece of work.’
In addition, (Lord) Charles Banner KC, added: ‘I am looking forward to analysing the information available, as well as the feedback from key stakeholders, to ascertain whether, within the terms of reference, there is a case for improving the process for legal challenges of NSIPs in a way that would reduce any identified impacts of inappropriate legal challenges whilst maintaining constitutional principles and relevant international obligations.’
The review that Banner is now leading was announced as part of the autumn statement last year. It is expected to take three months and the government will consider the recommendations once it has been published.
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