Judicial review — more changes
There are about 400 planning judicial review (JR) cases a year and the average time to a final hearing was 370 days in 2011. This delay resulted in stalled development and uncertainty and thwarted the government’s long-term plan for economic recovery. Despite only a few JR cases succeeding, they cause the system to slow down, and many cases have been commenced on a nuisance basis.
Several major JR changes to planning cases were implemented last year.
The government consulted on its plans to set up a specialist planning chamber within the Upper Tribunal to hear planning JR cases. There was opposition to this, not least as the Upper Tribunal has no judges with planning expertise to handle this case load…
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