The court, part of proposals announced by Justice Secretary Chris Grayling, will work to fixed time limits, in effect fast tracking disputed planning applications and aiming to achieve a faster delivery.
‘The judicial review system over the last few years has been inefficient and counter productive, with far too many cases being referred. The result has been stalled development and long periods of uncertainty at a time when we need it the least,’ said Liz Peace, chief executive of the British Property Federation (BPF).
‘We were pleased when the government introduced reforms to the judicial review system in May last year, and are further encouraged to see that it has listened to the concerns of the property industry and heeded our calls for a specialist planning chamber. The introduction of a specialist court like this is likely to have a significant impact on delivery as it relieves the pressure on developers and planning authorities and will expedite the whole planning process,’ she added.
According to Adrian Penfold, head of planning and corporate responsibility at British Land, the arrival of a specialist planning chamber will allow cases that genuinely merit judicial review to be considered by experts in a timely and efficient manner.
‘The judicial review system is important, and the creation of this new chamber is a significant step in ensuring that it is not abused and that it serves its correct purpose,’ he added.
Simon Ricketts, partner at King & Wood Mallesons SJ Berwin, pointed out that dealing with planning litigation well is important not just to the individual litigants but to the wider economy. ‘A specialist planning court has great potential to reduce further the delays and uncertainties caused by challenges to planning decisions, building on recent welcome improvements, and to ensure better access to judges with appropriate experience of what has become an exceptionally complex area of law,’ he explained.
Craig Tabb, partner at DP9, also welcomed the move. ‘A specialist court focused on the processing of major development cases is a very positive step. For too long the judicial review system has worked counter to government aims of delivering new homes, realising important regeneration and encouraging economic growth. The Government's proposals ought to mean a more predictable and less risky process, therefore, creating a better basis for speeding up development and investment,’ he said.
However, Paul Maile, partner and planning expert at law firm Eversheds, said its success will depend upon it being adequately resourced, as well as the court demonstrating its willingness to dispose of meritless claims swiftly, without the need to appear at a time consuming and expensive hearing.
‘In the past, developments have often been delayed where a judge deciding whether a claim should proceed further is unfamiliar with the complexities of the planning system and has allowed claims to proceed further than necessary. Irrespective of the new court, there remains the need to deal with the huge backlog of judicial review cases that are currently slowing down the entire system,’ he pointed out.
The first cases are likely to be heard in the summer and the court is expected to hear up to 400 cases a year. ‘Judicial Review must continue its role as a crucial check on the powers that be but we cannot allow meritless cases to be a brake on economic growth. That would be bad for the economy, the taxpayer and the job seeker, and bad for confidence in justice,’ Grayling said.
‘These changes will bring balance to the Judicial Review system, so justice is done but unmerited, costly and time wasting applications no longer stifle progress,’ he added.
