New Treasury rules could close the court challenge route for projects like Connah’s Quay low carbon power station
The UK Government has proposed giving Parliament a direct vote on major energy projects and restricting the grounds on which those decisions can be challenged in court.
The proposals were set out by HM Treasury on Wednesday in a policy paper titled Getting Britain Building: Reforming judicial review for infrastructure.
The proposals come as Uniper’s 1,380 megawatt low carbon power station planned for Connah’s Quay is being examined by the Planning Inspectorate.
The Connah’s Quay scheme is a gas-fired power station with carbon capture, planned next to Uniper’s existing site on Kelsterton Road.
The decision on the application rests with the UK Government because of the size of the scheme.
Under the Wales Act 2017, the Welsh Government can approve electricity generating stations in Wales of up to 350 megawatts.
Anything larger remains a UK Government decision, made by the Secretary of State for Energy Security and Net Zero, currently Ed Miliband MP.
At up to 1,380 megawatts, the Connah’s Quay scheme is nearly four times that Welsh limit.
Flintshire County Council is consulted on the application and would enforce the terms of any consent granted, but does not make the decision.
The Treasury paper sets out two new optional mechanisms for nationally significant infrastructure projects, of which the Connah’s Quay scheme is one.
The first is a parliamentary authorisation route, which would apply only to energy projects.
Under that route, the Secretary of State for Energy Security and Net Zero would designate a project as being of Critical National Importance.
The House of Commons would then vote to confirm the designation.
Examination of the application by the Planning Inspectorate would continue as normal, but the final decision would be put to MPs for a second vote.
If approved, the consent would have, according to the policy paper, a “distinct statutory status specified in the underpinning legislation, akin to an Act of Parliament”.
It would be protected from judicial review on issues other than human rights grounds.
The document states the route “would apply only to energy projects identified by the Energy Secretary, reflecting the urgency of the UK’s energy security and net zero objectives”.
The second proposed mechanism is a challenge window that would apply to all nationally significant infrastructure projects, not only energy.
Under that route, the relevant Secretary of State would publish a draft decision, after which a fixed window would open for any legal challenges to be lodged.
The Secretary of State would then have a period in which to consider and address the issues before publishing a final decision.
Courts would refuse permission for any judicial review on issues not raised during the consent process or challenge window.
The Treasury policy paper does not specify which projects would be designated as being of Critical National Importance.
It describes the route as applying to “a narrow category of the most critical energy projects identified on a case-by-case basis by the Energy Secretary”.
Under the proposals, the same Energy Secretary who currently decides whether to grant a Development Consent Order for Connah’s Quay, Ed Miliband, would also decide whether to designate it for the new parliamentary route.
Uniper has separately argued that the Connah’s Quay scheme is Critical National Priority infrastructure under existing UK energy policy, a different designation set out in the National Policy Statement for Energy.
The company has acknowledged in its application documents that the development cannot avoid causing damage to the Dee Estuary, a protected wildlife site, but says the project is needed for energy security and that there is no alternative UK site that meets the requirements.
Legal challenges to planning decisions made by public bodies, known as judicial review, are currently used by community groups, environmental charities and trade bodies to test the lawfulness of decisions.
Under the new parliamentary authorisation route, that ability would close except on human rights grounds.
The Treasury said the changes were intended to support energy security, lower consumer bills and economic growth.
It said that of 167 Development Consent Order decisions made since 2008, six had been quashed following a legal challenge.
A Treasury spokesperson said: “For too long, vital infrastructure delivery has been delayed by judicial reviews of projects the country needs. The Chancellor won’t stand for it any longer and is bringing forward bold changes to support delivery. She is clear that Parliament must take back control, to get Britain building the power plants, wind farms and grid connections that will bring bills down, strengthen our energy security, and deliver growth in every part of our country.”
The proposals build on the Planning and Infrastructure Act 2025 and would require new primary legislation to take effect.
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