Planning: Judicial Review - Summer 2013 amendments to reduce planning delays

In December 2012, the Government published a consultation paper entitled ‘Judicial Review: Proposals for Reform’ which ran between 13 December and 24 January 2013. The consultation sought views on a package of measures to stem the growth in applications for judicial review.

The Government has now announced its response with Justice Secretary Chris Grayling stating that the Government intends to implement the changes to prevent claims being used as a “cheap delaying tactic” in planning appeals.

The main points of note are as follows:

• JR claims will have to be brought within 6 weeks from the grant of planning permission or other planning decision (currently 3 months).
• Claimants will have to pay a £215 court fee for an oral hearing to renew claims previously refused on the papers (currently £60).
• Claimants will be barred from seeking an oral hearing if the claim is considered to be entirely without merit.

The time reduction for bringing a claim from 3 months to 6 weeks should provide developers with more certainty when waiting to satisfy conditions in a contract or to start construction of a project after planning permission has been granted.

Albeit as the court fee has only increased by a nominal £165 it is unlikely that this will prevent objectors to a scheme from issuing a claim, particularly if they will be shielded from more significant costs under the new protective costs order (PCO) regime which came into effect on 1 April.

Both the original Consultation and its response just announced can be found here: 'Judicial Review: proposals for reform'.