Partner Article

Planning fast-track reforms will benefit developers

The creation of a new Planning Court will tackle unnecessary legal delays for developers currently forced to wait months for a final decision, a leading West Midlands lawyer said today.

Senior Partner at Wolverhampton-based FBC Manby Bowdler, Niall Blackie, welcomed the reforms to the Judicial Review systems announced on February 6, which will see legal disputes over major developments fast-tracked for consideration.

Mr Blackie said: “I fully support the creation of this new Planning Court announced yesterday by Justice Secretary Chris Grayling. The reforms will mean important building projects which have the potential to create thousands of homes and jobs will not be held-up in the system for months on end.

“Delays in cases being heard is a major problem for our developer clients. Many of these cases are against Government decisions and sometimes are the only means available to challenge errors made by planning inspectors.

“But some are brought by objectors against developers who have already successfully argued their cases, and because there is currently no sifting process, an unmeritorious case can hold the development up.

“It is particularly important to cut the time frame down. Presently, a case might be issued just within the six week time limit and then take eight or nine months to get to a hearing.

“I have a client in Wolverhampton who has been waiting since last July for his case to be heard. It will only take around five hours of the court’s time, but that hearing is not scheduled to be heard until the end of this month, that’s eight months since the original decision.

“I’m delighted to see the changes which will unclog the Judicial Review system and as the reform will come in this summer, they will undoubtedly benefit our developer clients who currently have projects on hold while waiting for a decision.

The strong package of reforms include changes to make sure anyone making a claim faces a fair level of financial risk – ending the current situation where individuals and campaign groups can cause expensive delays with no cost or risk for themselves.

The changes have been designed to speed up the running of the process, while also driving out meritless cases which clog the courts and slow progress for legitimate applications.

There has been a huge growth in the number of judicial review applications in recent years. Applications more than doubled from 4,300 in 2000 to 12,600 in 2012. Yet, of the 440 which went on to a final hearing without being refused permission, withdrawn or settled in 2011 just 170 went in favour of the applicant. In 2012 the vast majority of applications, more than 10,000, were for immigration and asylum cases – but almost 200 were on planning issues.

This was posted in Bdaily's Members' News section by FBC Manby Bowdler .