Judges consider legal challenge to planning laws

A legal bid to halt sweeping changes to planning laws in the UK will be heard in October.

Our challenge to these new planning rules seeks to put a pause on the new statutory instruments so that they can be properly considered.

Rights: Community: Action (RCA) is challenging the Statutory Instruments (SIs) used to bring in changes to planning regulations. The campaigners' claim for judicial review will be heard at a ‘rolled up’ hearing in the High Court sitting as a Divisional Court.

The rolled-up hearing means that two judges will hear the group’s application for permission to apply for judicial review, which if successful, will lead into a hearing of the application for judicial review.

A listing before the Divisional Court is a recognition of the significance of the case. 

Failure

Naomi Luhde-Thompson from Rights: Community: Action said: “The judge’s order is encouraging because it recognises that the case is significant and needs to be heard promptly.

"RCA’s claim will proceed on all the grounds, challenging the government’s failure to undertake environmental or equalities assessment and its failure to properly consult before making the rules.  The changes brought in by these SIs will have huge ramifications for planning and development across the country.

"Our challenge to these new planning rules seeks to put a pause on the new statutory instruments so that they can be properly considered.”

Scrutiny

RCA has decided not to pursue its application for interim relief in light of the Court’s decision to list the case for hearing on an expedited basis. 

Leigh Day solicitor Tom Short said: “RCA believes that the manner in which these reforms have been brought in means they have not undergone proper scrutiny, despite the obvious detrimental impacts they are likely to have.

"Our client is therefore delighted that they have granted a rolled-up hearing before the Divisional Court and that their case will be heard in a matter of weeks.” RCA has also been granted costs protection under the Aarhus rules for environmental claims.

This Article 

This article is based on a press release from Leigh Day. 

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