Judicious Timing

When is planning permission free of the legal challenge period? Justin True of Dechert considers a question which has been taxing planners and planning lawyers alike. Strictly speaking, when planning permission is granted by the Secretary of State, statute provides for a six-week period within which a challenge can be brought. But in respect of planning permission granted by a local planning authority, the time limit for an application for judicial review has been the subject of confusing legal comment. According to the rules, a claim form for judicial review must be filed promptly and in any event not later than three months after the grounds to make the claim first arose. Failure to be prompt can still result in applications being ruled out even though they were made within three months. To obtain a copy of this article, please contact subscriptions on +44 (0)20 7396 5673.