All Change for Judicial Review in Planning
June 14th, 2013 by Louise Humphreys
Posted In: Planning
From 1 July 2013, in respect of any decision under the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation) Act 1990, the Planning (Hazardous Substances) Act 1990 or the Planning (Consequential Provisions) Act 1990 the time limit for bringing a claim for judicial review will be six weeks after the grounds to make a claim first arise.
Thus the general judicial review time limit of "promptly and in any event no later than 3 months after the grounds to make the claim first arose" will no longer apply.
The change does not apply to applications for judicial review where the claim form is filed before 1 July nor does it apply in cases where the grounds for judicial review arose before 1 July.
In addition to the changes on time limits, if the Administrative Court refuses permission to bring the judicial review application when it considers the application on the papers and records the fact that application is "totally without merit" on that decision, then the Claimant will no longer have the right to request an reconsideration of that decision at a hearing. Any appeal against such a decision will therefore be to the Court of Appeal on the papers.
So what does this mean? Other than the very obvious need to take appropriate legal advice at the earliest possible opportunity, those contemplating bringing such proceedings will need to give careful consideration to the potential grounds for any judicial review challenge to ensure that they are properly formulated from the outset.