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changes to judicial review of planning decisions

17 June 2013

On 1 July 2013 the Civil Procedure (Amendment No. 4) Rules 2013 will come into force making the following amendments to Parts 52 and 54 of the Civil Procedure Rules 1998:

  • applications to judicially review planning decisions will be reduced from a three month to a six week time limit
  • increased court fee from £60 to £215 for an oral hearing following a judicial review application being refused on the papers
  • no right to seek an oral hearing when a claim is held to be ‘totally without merit’.

The changes do not come without criticism.  Intended to reduce the rising number of judicial review applications and filter out ‘weak and ill-conceived’ applications, objectors question whether the change will result in claims being rushed to judicial review without any attempt being made to resolve the issues beforehand.

This change will however be welcomed by both developers and councils.

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