Recent changes to the judicial review system are likely to affect the planning process for new development says commercial property agent, Prop-Search.
From 01 July 2013, any application for judicial review in planning cases must be brought within six weeks of the date on which the grounds for making the application arose. Previously there was a three month period during which a claim could be made. The three month period will continue to apply in respect of claims for judicial review which have already been made, and applications in respect of planning decisions made prior to this date.
Judicial review is the process by which the High Court can review the lawfulness of an enactment or a decision, action, or failure to act, in relation to the exercise of a public function. In the planning context, an application for judicial review can be made where a third party disagrees with the grant of a planning permission.
Chis Billson, a Director of Prop-Search, comments: “There is a perception – which may be true – that the judicial review route has been used by objectors to delay the implementation of a planning permission. In any event, developers have been reluctant to begin work on a site with planning permission until the three month ‘risk’ period has ended.”
He adds: “It is hoped that the reduction in the time limit to six weeks will ensure that development can commence more quickly after the grant of planning permission, and that this will, in turn, encourage future investment and growth.”
In addition to the change to the time limit, claimants will no longer be able to request that their application for judicial review be considered at a hearing if the court has recorded that their application is totally without merit.
