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Lord Hunt of Kings Heath (Lab)

Speaking in the House of Lords on 9 September 2025

Debate

Planning and Infrastructure Bill

Contribution

My Lords, first, I pay tribute to the noble Lord, Lord Banner, for his outstanding work in relation to judicial review reform. It has clearly had a big impact on the Bill. At the risk of quoting the noble Lord to himself, he said in our earlier debate on this, which seems a long time ago, in relation to judicial review, that his review concludedusb that “evidence demonstrated that the overwhelming majority of judicial reviews of NSIPs failed. It follows from this that the problem is not with the law, nor is it about ‘activist judges’ … It is about the time it takes for bad JRs to meet their doom”.—[Official Report, 17/7/25; col. 2102.] Obviously, the proposals in the Bill go quite some way towards meeting the noble Lord’s recommendations in the review. All I am trying to do here, with some probing amendments, is to test whether we could go a little further, and I am grateful to the noble Lord for putting his name to my Amendments 129 and 130. These, and Amendment 135D, attempt to replicate restriction appeals to the Court of Appeal where the High Court has certified the application as being totally without merit in relation to decisions under the Town and Country Planning Act 1990, the listed buildings Act and the hazardous substances Act. Again, the noble Lord asked the Government at Second Reading for clarification as to whether the changes here would be made “only to infrastructure judicial reviews or to judicial and statutory reviews in planning generally”.—[Official Report, 25/6/25; col. 318.] It seems to me that there is a compelling case for doing that, and I hope my noble friend may be positive about this. My Amendment 127 concerns the period within which legal challenges to planning decisions may be brought. It proposes the current six-week time limit be reduced to 21 days. I have used 21 days as a starting point as it reflects the standard time limit for civil appeals. The purpose is really to probe whether the six-week period continues to serve its intended purpose. I am aware that the noble Lord, on balance, in his independent review, did not support the shortening of time limits, but I would be interested in the Minister’s response on this.

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