Out-Law News 1 min. read
19 Nov 2012, 3:14 pm
Speaking at the annual conference of the CBI, David Cameron said that some judicial review applications are "time-wasting" and said that judicial review had become a "massive growth industry", citing an increase from 4,500 applications in 2008 to 11,200 last year.
Cameron observed that just one in six judicial review applications had been granted last year. He said that this demonstrated that the right to have planning decisions judicially reviewed was being abused.
To prevent this, the Prime Minister said he would introduce increased charges for applications, a shortening of the three-month limit on applying for judicial review, and reduce the number of possible appeals from four to two.
“This clearly shows Government is reviewing many areas of the development cycle to ascertain where delivery is being impeded," said planning law expert Rebecca Warren of Pinsent Masons, the law firm behind Out-Law.com. "This announcement follows the theme in the Growth and Infrastructure Bill about curbing spurious town and village green applications that similarly delay delivery of development and add extra unnecessary costs to such development.”
The Daily Telegraph reported opposition to the plans from Dan McLean of the Campaign to Protect Rural England. McLean argued that the changes could unfairly prejudice individuals' rights to challenge planning decisions affecting their homes.
"Putting this option further out of reach for many people will only make it even harder for local people to take a democratic role in planning decisions where they live," McLean said, according to the newspaper.
According to the Financial Times, a public consultation on the planned changes to judicial review will be undertaken by the Ministry of Justice, which will be followed by plans to be released next year.