Getting rid of judicial review 'time wasters'
- Breaking the mould
- Guarantees and the "one that got away"
- Fracking update
- Steel a march
- Put a cap on it
- Extending the reach of Adjudication into Collateral Warranties
First appeared in Informer: Real Estate Newsletter - Autumn 2013
From 1 July 2013, the period for making a judicial review challenge to a planning decision reduced from 3 months to 6 weeks. The government wanted to prevent "time wasting" and decided to change the system so it cannot be used as a "cheap delaying tactic" to prevent development. The 6 week time period is consistent with the period for challenging Development Consent Orders and Secretary of State decisions.
The time period runs from the date the planning permission is issued as opposed to the date of the resolution to grant planning permission. Planning decisions made before 1 July 2013 are still subject to the 3 month time period.
Additionally, claimants will be prevented from seeking an oral hearing where the claim is considered by the Court to be "totally without merit".
Any contracts conditional on obtaining planning permission should be updated to reflect the new timeframe.