Infrastructure

New judicial review proposals for nationally important infrastructure schemes have been announced for consultation by the Treasury, as part of the Government’s ongoing infrastructure planning reforms to speed up the consenting and delivery of infrastructure projects to drive growth.  These are in addition to, and go further than, the judicial review reforms in the Planning and Infrastructure Act 2025 which reduce the number of attempts a claimant can make to bring a legal challenge to a Development Consent Order.  Those reforms came into force earlier this year. In summary, two new optional mechanisms will be introduced to protect consented infrastructure schemes from unnecessary delays caused by judicial review (JR): A parliamentary authorisation mechanism to give a DCO the same protections as an Act of Parliament which would reduce exposure from JR on all but human rights grounds.  It would be available only to a narrow category of the most critical clean energy projects identified on a case-by-case basis by the Energy Secretary as being of Critical National Importance (CNI) and endorsed by Members of Parliament. The normal DCO process for submission and examination would be followed, but the final decision put before the House of Commons, and a vote held. If approved, the DCO would be afforded a distinct statutory status specified in the underpinning legislation, similar to an Act of Parliament, protecting it from judicial review on issues other than human rights grounds. A challenge window mechanism, for all other NSIPs, including transport and water projects.  The fixed legal challenge window would be updated to allow the Secretary of State (SoS) to address potential legitimate issues before finalising a consent, along with limits on the ability of potential claimants to raise other issues after publication of the final DCO.  The SoS would publish the draft decision, after which the JR period would open. The Secretary of State would then have a period in which s(he) could consider and address issues raised before amending a final DCO. As a consequence, if any JR on the same grounds were subsequently pursued, the Courts would have a clearer basis to refuse permission or relief, making use of the new provisions introduced by the Planning and Infrastructure Act on meritless claims. The law would also be changed so that the courts could refuse permission for a JR to proceed on any issues not brought up during the consent process or challenge window. 

The Government has confirmed that it will proceed with its package of reforms to accelerate electricity network deployment following consultation last year. The reforms are focussed on improving the planning and consenting of network infrastructure, extending and clarifying land access rights for operators, and providing greater protections for landowners. The measures are wide-ranging, in some cases going beyond the original proposals in response to consultation feedback, and will require changes to elements of the Town and Country Planning Act 1990, the Electricity Act 1989, and the DCO Planning Act 2008 consenting regimes. They are expected to be introduced later this year via legislation and updated guidance.

BCLP is an international law firm with deep experience in defence and infrastructure investment, including international project financing and public-private partnership (PPP) transactions, committed to finding pragmatic and efficient solutions for our clients. In this article, we examine the opportunities for UK defence sector PPPs arising from the UK government’s Strategic Defence Review and what evolution in UK PPP models may be needed to promote effective private sector investment in UK defence infrastructure.

Updates to the National Planning Policy on Energy for new energy infrastructure projects – reflecting the Government’s current energy priorities - came into force on 6 January 2026. This policy provides the strategic decision-making framework for energy NSIPs covered by it and is likely to be of significant interest to stakeholders in the sector.

In July we wrote about the Competition and Markets Authority's proposed study into the road and rail sectors, aimed at supporting the government’s ambitious 10-year strategy for infrastructure growth. The CMA has now published its interim report, setting out its emerging findings and possible remedies. The CMA’s final report is due to be released in April 2026 and the focus is on how market interactions between public bodies and the business supply chain can best incentivise cost-effective delivery of rail and road infrastructure. It also considers whether public procurement and regulatory processes could make it easier for firms to enter, expand, invest and innovate. As noted in the interim report, rail and road,  excluding HS2, accounted for 70-75% of government expenditure on economic infrastructure in 2022 and in 2023-24 the total annual expenditure on public roads was expected to be about £10.3 billion, with about £8.7 billion spent on railways. Importantly, whilst the focus is on the road and rail sectors, the CMA has previously stated that its “findings may identify lessons that may be equally as informative for civil engineering in other areas of economic infrastructure”.

The UK's water sector is not just evolving; it is undergoing a monumental transformation, presenting infrastructure investors with an extraordinary chance to participate in building a more resilient and sustainable future while securing robust financial returns. The combined forces of population growth, the escalating climate crisis, and the urgent need to upgrade aging infrastructure are driving an unprecedented wave of investment in critical water projects. This is not simply about pipes and reservoirs; it is about shaping the future of a vital resource, and the “RAPID: Building a resilient future – a Major Projects guide for investors" published in 2025, is your essential roadmap to this dynamic and expanding market.