A new era for developers and planning authorities?
Series: Town & Country Planning ; 72(11) December 2003, 350-352(3)Publication details: 2003Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67357 (Browse shelf(Opens below)) | 1 | Available | 124699-1001 |
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.