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ARTICLE · 18 SEPTEMBER 2026

Infrastructure Planning Blog 67: Put Out More Flags

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The Chancellor has issued a striking letter to ministers addressing consultation culture, legal risk, and judicial review in infrastructure planning. This entry examines the implications for DCO regimes, explores cost recovery concerns, reviews Scottish wind farm EIA requirements following the Raeshaw Farms judgment, and analyzes Irish planning reforms alongside a recent English housing refusal involving industrial pollution.

United KingdomReal Estate and Construction

Today's entry looks at the Chancellor's Letter to his ministerial friends, Irish reforms, a Scottish wind decision, an English appeal decision and provides some musings on cost recovery for the DCO regime.

Scoop

The Chancellor has written to all Ministers in striking terms. The letter covers three matters: consultation, judicial review, and legal risk. All have potential implications for those advising in the public sector context.

First, on consultation, the Chancellor – presumably singing along to I Don’t Want to Wait by Paula Cole – says "Consultation culture has turned a sensible mechanism for sourcing external input into an industry of dither and delay" and that "Habitual, box-ticking consultation does not serve people or business and is a distraction to government." Strong words. He says that "we will end this trend by reasserting that there is no general duty of consultation, and that the default position should be that ministers reach decisions and proceed to act on

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