UK (Parliament Politics Magazine) – Prime Minister Keir Starmer asked Conservative peer Charles Banner to draft a planning bill limiting judicial reviews to fast-track Heathrow expansion.
As reported by The Guardian, Keir Starmer tasked Lord Banner to draft a planning bill restricting judicial reviews, targeting environmental challenges to Heathrow’s third runway.
What changes could Keir Starmer and Lord Banner bring to judicial reviews?
The Prime Minister has asked Charles Banner KC to propose measures to lift the cost cap on groups filing judicial reviews.
He has previously worked alongside Mr Starmer on human rights cases and is regarded as a judicial review expert. Mr Banner’s work includes legal cases involving Heathrow, Stansted, and Thames Water’s Abingdon reservoir.
Lord Banner, appointed a peer by ex-PM Rishi Sunak last year, said cost caps can’t be lifted without leaving the Aarhus convention.
He wrote in a review that,
“For so long as the UK remains a member of the Aarhus convention, there is no case for amending the rules in relation to cost caps in order to reduce the number of challenges to nationally significant infrastructure projects.”
The ministers’ proposed bill would require leaving the Aarhus convention, as its provisions conflict with the treaty.
Sources reveal that leaving the Aarhus Convention is under consideration. This European treaty, supported by the EU, protects public rights to challenge large-scale infrastructure projects, including nuclear plants, motorways, and waste facilities.
The convention, signed in 1998, lets citizens defend a healthy environment while limiting legal costs for unsuccessful claims. Claimants alone pay £5,000, but environmental groups, including Friends of the Earth, pay £10,000.
How are Keir Starmer and Rachel Reeves fast-tracking Heathrow despite environmental rules?
Chancellor Rachel Reeves backs Heathrow expansion, saying it will make Britain the “world’s best-connected place to do business.” The Treasury calls the new bill vital, aiming to block “stupid” judicial reviews and ensure runway construction begins before the next election.
Ms Reeves has repeatedly argued that wildlife protections for “bats and newts” hinder the UK’s progress on major infrastructure projects. She insisted that economic growth must take priority over net zero targets, saying “growth underpins everything else.”
The planning bill introduced by Keir Starmer and the chancellor this year could override EU protections, putting important wildlife sites at risk. Following pressure from MPs and activists, the government added some nature protections, but ministers argue deregulation remains insufficient.
Officials said the bill will fast-track projects like Heathrow, which claims it can begin its third runway before the next election if challenges are blocked.
How think tanks are pushing ministers to weaken Aarhus protections?
The government faces lobbying from think tanks seeking to remove the Aarhus Convention’s role in environmental challenges to large-scale projects.
The think tank Britain Remade, which has close ties to Number 10, has also urged ministers to review the Aarhus Convention.
In a blog post, policy chief Sam Dumitriu suggested the government could “scrap cost caps and treat environmental lawsuits like any other.”
Onward, a centre-right thinktank, has issued a paper urging the government to pass primary legislation removing Aarhus cost caps.
What did Alexa Culver say about weakening judicial review rights?
Alexa Culver, an expert in planning law, warned that limiting judicial challenges could harm projects like Heathrow.
She said,
“Judicial review is an essential protection against government overreach. It ensures that authorities’ decisions are made rationally, within legal powers and with fairness and proper procedure. Dismantling these protections to usher in unlawful and harmful development, for example, or to silence particular sections of the public, will distort the constitutional balance of power and fundamentally undermine public trust.”
Ms Culver added,
“An alternative to destabilising our constitution would be delivering lawful infrastructure projects which demonstrate an obvious, clear, engaging vision, purpose and use case. Any judicial review claims brought that are totally without merit should be thrown out, as they currently are.”
What did Friends of the Earth say about the government silencing critics on Heathrow?
Niall Toru, a legal expert at Friends of the Earth, stated,
“The government is trying to have it both ways – promising that airport runways will only be approved if they meet strict legal obligations on climate and air quality, while simultaneously working behind closed doors to gag those who could hold them accountable to those promises. Instead of silencing opposition by leaving a vital treaty that enables judicial scrutiny, the government should focus on developing infrastructure that communities actually want and need.”
What did Heathrow say about its proposal for UK growth and planning reform?
A Heathrow spokesperson added,
“We have submitted a proposal that will deliver the UK’s gateway to growth in line with the government’s timing if the right policy framework, including on planning reform, is put in place by ministers.”
What did the government say about blocking meritless legal challenges to major projects?
A government spokesperson stated,
“We are legislating in the planning and infrastructure bill to prevent meritless claims against nationally significant infrastructure projects from being dragged through numerous appeals in the court, ensuring there can only be one attempt at legal challenge if the court considers a case to be totally without merit. We are also working with the judiciary to ensure challenges against these major infrastructure projects are dealt with more quickly and efficiently, and will keep the process under review.”
Sadiq Khan’s views on taking legal action over Heathrow’s third runway
London Mayor Sir Sadiq Khan has warned he may take legal action against the government over Heathrow’s planned third runway.
He reiterated his opposition, saying the third runway would cause severe noise, air pollution, and threaten UK climate targets.
Mr Khan suggested he could sue Mr Starmer’s government, stating all options remain on the table.
He stated,
“I remain opposed to a new runway at Heathrow airport because of the severe impact it will have in terms of noise, air pollution and meeting our climate change targets. I remain unconvinced that you can have a new runway at Heathrow, delivering hundreds of thousands of additional flights every year, without a hugely detrimental impact on our environment.”
Heidi Alexander’s stance on Heathrow expansion proposals
Transport Secretary Heidi Alexander said,
“I am pleased to have received the initial Heathrow expansion proposals – a significant step towards unlocking growth, creating jobs, and delivering vital national infrastructure.”
She added ministers will assess Heathrow expansion proposals over the summer before making a final decision.
Key facts about the planning and infrastructure bill
The UK Planning and Infrastructure Bill, introduced in March 2025, aims to accelerate project approvals, limit meritless judicial reviews, and update national policies. It reforms nature recovery with strategic environmental plans and a central conservation fund.
Local planning authorities are modernised to ease land assembly. Overall, the bill seeks faster infrastructure delivery and streamlined development processes.