The Planning Bill and Judicial Review

Changes in Procedure

This is a very brief overview of some of the changes which the Planning Bill proposes to the Judicial Review process. Michael Furminger BL is presently giving full presentations on the Planning Bill - with commentary and background - at any location where there is sufficient demand, or online.

It is well known that the Planning Bill seeks to change the procedure for Judicial Review of Planning decisions (“JR”). Attention has focussed on the provisions regarding costs and the standing of unincorporated associations. There are many other changes proposed.

Time Limit/Extension (s252/3)

The time limit in which to make an application for JR remains at 8 weeks from the date of the decision (s252(3)(d) and s253(1)) but where the time limit expires on weekend or a public holiday, the period shall be deemed to expire on the next working day (s253(4)).

An applicant may apply for an extension of the 8 week period (s253(2)) for “good and sufficient reason” and where the relevant circumstances are outside of the applicant's control (s253(3)). This jurisdiction is presently restrictively applied and there is no reason to suggest that it will not continue to be so.

“Sufficient Interest” (s257/8)

An Applicant must have “sufficient interest” in any matter to which any ground relates (s257). An applicant will not have “sufficient interest” unless s/he is or may be directly or indirectly materially affected by a decision (s258(1)) save that a member of the public will have “sufficient interest” where s/he has made a submission to the decision-maker regarding the relevant ground of challenge (s258(3)).

Commencement of Proceedings (s252)

Proceedings will be deemed to have commenced when the application is issued from the High Court, not moved (later) before a Judge as now (s252(1) and (5)).

Requirement for Leave (s252)

The leave (permission) of a High Court Judge (upon the establishment of an arguable case) will no longer be required in order to pursue an application for JR (s252(4)).

'Strike Out' (s255)

A party (either the Respondent or a Notice Party) will be able to apply for JR proceedings to be struck out on specified grounds.

Amendment of Grounds (s254)

An Applicant will be confined to the grounds raised in the Statement of Grounds issued at the commencement of proceedings (s254(1)). Amendment will only be possible if there is good/sufficient reason and the circumstances relied upon for the extension were/are outside of the control of applicant (s254(2)). This will be a much stricter test than that applied in the current regime in which amendments to Grounds by applicants are commonplace.