Judicial Update of planning issues - review of planning related decisions and PPG13

Judicial review of planning related decisions

Generally, applications for judicial review of a local authority's decision must be made promptly and within three months of the date when grounds for the application first arose. The High Court Judge in R -v- Breckland DC ex parte Budgen Stores Limited [1999] JPL 85 HC has recently interpreted the requirement for promptness in the planning context most stringently by (1) refusing an application for leave to apply for judicial review which was made well within three months of the decision complained of and (2) indicating that it ought to have been made within "a week or so" of that decision. Whilst this case was decided on its own special facts, it is the most recent in a series of cases which emphasise the requirement to bring for judicial review promptly and any person contemplating such proceedings should therefore be prepared to react without delay.

PPG13 - Transport

The Department of the Environment Transport and the Regions has issued a revision of planning policy guidance note "PPG13: Transport" as a public consultation draft. Whilst one objective remains to reduce the need to travel, especially by car, the draft guidance is aimed at (1) promoting better integration between both planning and transport and between different transport modes and (2) achieving more consistent implementation of existing policy. The draft guidance recommends that policies and development plans should set maximum levels of parking for broad classes of development which encourage sustainable transport choices and promote development in locations well served by public transport, walking and cycling, and that there should be no minimum requirements for development. In an effort to promote consistency, the guidance proposes national maximum parking standards for a wide range of major developments. Further guidance is promised on "Transport Assessment" of development proposals to replace traffic impact assessments and ensure consistency across the board for all transport investment. Copies of the draft guidance may be obtained from the Department of Environment, Transport and the Regions ([email protected]) and any responses should be submitted no later than 5th January 2000.

For further information please contact Catherine Montgomery of the planning group on 0171 367 2476 ([email protected]).