The government has revealed plans to introduce a specialist planning court to prevent development schemes getting bogged down in unnecessary legal wranglings. The ‘planning chamber’ would ensure that judicial reviews are conducted by expert judges, able to deliver rapid decisions.
Chris Grayling MP
The consultation also includes proposals to limit who is able to apply for a judicial review to those with a direct interest, and changing the rules regarding who will face the legal bills for cases. It is hoped the measures will lead to a streamlining of the process so that development projects do not fall by the wayside due to long delays.
Announcing the proposals, Justice Secretary Chris Grayling said; “We want to make sure judicial review continues its crucial role in holding authorities and others to account, but also that it is used for the right reasons and is not abused to cause vexatious delays or to generate publicity for themselves at the expense of ordinary tax payers.”
Government figures reveal that there has been a huge growth in the number of applications for judicial reviews over the past fifteen years. Last year there were 12,400 applications compared with just 4,500 in 1998.
Furthermore, only one in six of last year’s applications proceeded beyond the initial consideration stage. Of the 422 which went to a final hearing, only 163 decisions went in favour of the applicant.
Judicial review applications frequently take over a year to resolve. The average delay, in cases going to a final hearing, is 370 days according to the latest available figures. This causes financial difficulties for developers and can lead to some schemes collapsing completely.
The proposals have been welcomed by the British Property Federation (BPF). Chief executive Liz Peace says that a specialist court is something the organisation has been calling for over many years and that it will be a ‘huge step forward for the development community.’
Some may find Grayling’s stance on planning somewhat ironic, as in 2009 he gave his support to a campaign against the development of a 750 sq m Tesco store in his Epsom and Ewell constituency.
The government consultation will run for eight weeks, after which the proposals will require a parliamentary debate before any changes to legislation can be introduced.
