The Week That Was - 31 January 2025

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

PM pledges to curb 'Nimby' blocks on infrastructure

Keir Starmer has pledged to introduce numerous changes to the way judicial review deals with major infrastructure projects to ensure they are delivered more efficiently.

The Government claims that over half of the decisions relating to significant, national infrastructure projects – including nuclear plants, train lines and wind farms – are the subject of judicial review, which could add 18 months of delay and millions of pounds to their cost.

In an attempt to "take the brakes off Britain", the proposals include removing the option for opponents to make written submissions to the High Court.  Instead, opponents will be required to persuade a judge, in person, that judicial review is suitable.  If the judge agrees, this will then leave them with two opportunities: attend a hearing and then appeal to the Court of Appeal.

It is hoped that this will not only speed up the review process, but also "weed out the worst offenders".

You can read more here.

Ruling refusing application to adduce new expert economic evidence in relation to High Court proceedings on Thames Water restructuring plan

On 21 January 2025, the High Court dismissed an application by Kington, a member of an ad hoc group of junior creditors ("the Class B AHG"), to adduce expert economic evidence on competition law arguments regarding Thames Water’s restructuring plan.  At the convening hearing on 17 December 2024, creditor meetings were set for 21 January 2025, with the sanction hearing scheduled for 3 February 2025.  The Class B AHG proposed an alternative plan, with its hearing scheduled for 13 February 2025.

The Class B AHG raised competition law objections, alleging the plan allowed certain creditors undue veto power, exceeding typical rights.  They sought to argue breaches of Chapter I (restrictive agreements) and Chapter II (abuse of dominance) of the Competition Act 1998.  However, the Court found the arguments vague and impractical.  Given the urgency of the timeline, it ruled that it would be disproportionate to admit the evidence and dismissed the application.

You can read more here.

£500m ITV Studios redevelopment finally set to start next month after deadline for legal challenge elapses

The redevelopment of ITV's former London headquarters on the South Bank, known as 72 Upper Ground, will begin next month after campaigners chose not to appeal a High Court ruling.  The legal challenge by Save Our Southbank (SoS) against former communities secretary Michael Gove's approval of the project was dismissed by Mr Justice Mould in December 2024.  Although SoS considered appealing, the deadline of 21 January 2025 passed without further action.

The £500m project, led by developer CO-RE and funded by Mitsubishi Estate, will be built by Multiplex and is scheduled for completion in early 2029.  The scheme includes a 25-storey office tower, additional smaller buildings, cafes, cultural spaces and green areas.  SoS had argued for refurbishing the existing tower to reduce embodied carbon while providing homes and offices.  The site is now scaffolded for demolition, with McGee set to begin work shortly.

You can read more here.

Benjamin Hale and Co&Co’s WWII Watchtower Conversion Wins Approval

Benjamin Hale Architects, together with Co&Co Architects, have been given planning approval for the conversion of a WW2 watchtower near Cardiff into a Passivhaus-standard family home.  The design includes a new storey with a 'lookout terrace' and a rear extension which will add additional bedrooms and living space, all located on an exposed headland overlooking the Bristol Channel.  The main structure will be wrapped in a corrugated metal 'blanket' for insulation, with the original concrete interior left exposed.  The project, commissioned by the new owner, after a previous design for a large house was sold in 2022, now seeks to preserve the utilitarian and historical personality of the tower whilst modernising it for contemporary living.  The founder of the practice, Benjamin Hale, emphasises the aim to blend the structure's historical significance with the natural beauty of its surroundings.

You can read more here.

DYKA Plastics v Fluvius: ECJ Clarifies Technical Specifications in Public Procurement

In DYKA Plastics NV v Fluvius System Operator CV (Case C 424/23), the European Court of Justice (ECJ) held that technical specifications in public procurement must not require the use of particular materials without using words "or equivalent", on the basis that requiring the use of only one specific product violates Article 42(4) of Directives 2014/24/EU.  Fluvius, who were responsible for sewerage networks in Belgium, were required to use vitrified clay pipes for sewage and concrete for rainwater in its procurement process.  DYKA, a plastic pipe manufacturer, contested this and sought to broaden the specification.  The court emphasised that technical specifications should focus on the performance and functional requirements rather than the materials used.  This case provides valuable guidance for UK courts interpretating similar provisions under the Public Contracts Regulations 2015.

You can read more here.

With thanks to:  Chris Wilkie, Imogen Miller, Natalie Chan, Sophie Hudson

Disclaimer: The information in this publication is for guidance purposes only and does not constitute legal advice.  We attempt to ensure that the content is current as at the date of publication, but we do not guarantee that it remains up to date.  You should seek legal or other professional advice before acting or relying on any of the content.