Advice Note- Planning Decisions: Changes to Judicial Review Procedure

>http://www.brodies.com/knowledge-bank/legal-updates/advice-note-planning-decisions-changes-to-judicial-review-procedure
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> 14.09.15
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> From 22 September 2015 there are changes to judicial review procedure in the Court of Session:
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> Introduction of a 3 month time limit to apply for judicial review
> A new requirement for the Court to give permission for the application to proceed
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> Which planning decisions are affected?
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> Judicial review can be used to challenge any planning decision where there is no statutory right of appeal, for example an objector challenging the decision by a council to grant planning permission.
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> The changes do not apply to challenges in the Court of Session against decisions on planning appeals, which already have a 6 week time limit (these are statutory appeals, but the grounds of challenge are similar to judicial review).
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> Does it make it more likely that legal challenges to planning decisions will be successful?
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> No. The grounds for judicial review remain the same.
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> What’s the advantage of the time limit?
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> Developers have faced uncertainty about when their planning permission is safe from legal challenge. The 3 month time limit provides some certainty, although the Court can make exceptions.
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> What’s the purpose of the requirement for permission?
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> This gives the Court an early opportunity to reject challenges with no “real prospect of success”. It will often be difficult for the Court to reach a view on prospects of success without hearing the full case, especially where a planning decision is being challenged.
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> The applicant also has to demonstrate a “sufficient interest” in the subject matter, but that has not tended to be a problem in planning cases.
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> It’s up to the Court whether an oral hearing is held before deciding whether or not to grant permission.
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> Comment
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> It will take several months for these changes to bed in and indications emerge of how the changes will impact on judicial review of planning decisions.
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> For further information please get in touch with your usual Brodies contact or one of the individuals listed below.
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> Key contacts
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> Neil Collar
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> Karen Hamilton