Action 9



Reduce the risk of judicial review for new energy infrastructure projects by amending statutory planning guidance to explicitly consider proportionality, the use of public funds and the impact of delay on critically needed infrastructure when determining whether a consultation is adequate. Guidance should also allow the ‘examination’ phase to be taken into account, as well as applying a ‘presumptive’ pre-examination so that deficiencies can be corrected in that period, rather than being rejected.