A new era for developers and planning authorities?
Winter, P.
A new era for developers and planning authorities? - 2003 - Town & Country Planning 72(11) December 2003, 350-352(3) .
The first in a series of four articles which examine the courts' approach to macro-political decision-making where the human rights, amenity and the general environment of the community may be directly affected. Article one looks at how decisions can be challenged in the courts by applying for judicial review which in the context of the planning system is mainly used by aggrieved third parties seeking to quash planning permissions which have been granted by local planning authorities. Stringent time limits for applying for judicial review based on the principle of the six week rule between the date of the decision and the application were abolished by "R v Hammersmith and Fulham LBC ex p Burkett" ([2003] UKHL 23, Abs66375). Since the "Burkett" decision, the courts have recognised that greater caution will be needed in handling the issue of promptness. It is suggested that local planning authorities will ensure that s106 agreements are fully drafted before the matter is reported to committee. Concludes that "Burkett" will lead to an increase in the number of judicial review decisions being made.
R V HAMMERSMITH AND FULHAM LBC EX P BURKETT
JUDICIAL REVIEW
PLANNING DECISIONS
TIME LIMITS
A new era for developers and planning authorities? - 2003 - Town & Country Planning 72(11) December 2003, 350-352(3) .
The first in a series of four articles which examine the courts' approach to macro-political decision-making where the human rights, amenity and the general environment of the community may be directly affected. Article one looks at how decisions can be challenged in the courts by applying for judicial review which in the context of the planning system is mainly used by aggrieved third parties seeking to quash planning permissions which have been granted by local planning authorities. Stringent time limits for applying for judicial review based on the principle of the six week rule between the date of the decision and the application were abolished by "R v Hammersmith and Fulham LBC ex p Burkett" ([2003] UKHL 23, Abs66375). Since the "Burkett" decision, the courts have recognised that greater caution will be needed in handling the issue of promptness. It is suggested that local planning authorities will ensure that s106 agreements are fully drafted before the matter is reported to committee. Concludes that "Burkett" will lead to an increase in the number of judicial review decisions being made.
R V HAMMERSMITH AND FULHAM LBC EX P BURKETT
JUDICIAL REVIEW
PLANNING DECISIONS
TIME LIMITS