Brexit Infrastructure Planning FAQ

ServicesExpertisePlanning and InfrastructureBrexit Infrastructure Planning FAQ

Concerned about Brexit? Looking for answers? Start here with our Brexit frequently asked questions

Q. How will Britain leaving the EU impact infrastructure planning?

The need to demonstrate that the UK is open for business means that the government will encourage infrastructure improvements so that businesses will want to both locate in the UK and trade with the UK. The need for all forms of infrastructure should therefore increase.

In terms of the legal process for getting consent, nothing will change immediately, but there is likely to be a gradual series of changes as obligations that are considered unnecessarily burdensome are weakened or dispensed with.

Q. What areas of law are likely to change?

Some of the areas of law that the government may target once EU obligations are removed are habitat regulation, air quality, state aid and procurement rules. Some of these will be very politically sensitive and ‘too hot to handle’, so despite their preferences the government may decide they are best left alone, air quality being a good example of this.

Q. When will this happen?

Unless a deal says otherwise, the UK will be bound by EU regulation until it leaves in March 2019 and no changes to legislation will take place until after that date, although proposed changes may be consulted upon beforehand. Another question is what will happen to infraction proceedings once the UK has left, and the knock-on implication of how closely the UK will adhere to EU regulation in the months leading up to its departure.

Q. How can I prepare?

The landscape will be a fast-moving one as changes are made and it will be important to have the most up-to-date picture of what is happening now and in the future. Our award-winning and market leading team of lawyers are monitoring developments closely and would be pleased to advise you.