Regulations have recently been made reducing the time limit to apply for judicial review of planning decisions (from 3 months to 6 weeks) to take effect on 1 July 2013.
The new six week limit will apply to all judicial review proceedings relating to a decision whether or not to grant planning permission which is made on or after 1 July 2013. It will also apply to judicial reviews challenging any procedural decision made on or after that date which relates to the final determination of a planning application, such as the decision whether or not to “call in” an application or a decision under the Environmental Impact Assessment regulations.
The current three month time limit for Judicial Review will apply where any such decision was made on or before 30 June 2013.
This is one of several measures intended to stem the growth in applications for judicial review and so reduce the burden they place on public services and the delay and uncertainty for development projects, whilst maintaining access to justice for genuine claimants.
For more information, please contact Ross Polkinghorne or Richard Owen.