On 1 July 2013, the Civil Procedure (Amendment No. 4) Rules 2013 (the Rules) come into effect. Their principal importance, in terms of the planning system, is that they make changes to the time limit for bringing a claim for judicial review in planning cases. These changes follow on from an earlier consultation exercise by the Ministry of Justice. In this respect, the Rules amend CPR Part 52. r 52.15. A definition of the planning acts is inserted by reference to section 336 of the Town and Country Planning Act 1990 (the 1990 Act). Accordingly, the expression means the 1990 Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990.
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On 1 July 2013, the Civil Procedure (Amendment No. 4) Rules 2013 (the Rules) come into effect. Their principal importance, in terms of the planning system, is that they make changes to the time limit for bringing a claim for judicial review in planning cases. These changes follow on from an earlier consultation exercise by the Ministry of Justice. In this respect, the Rules amend CPR Part 52. r 52.15. A definition of the planning acts is inserted by reference to section 336 of the Town and Country Planning Act 1990 (the 1990 Act). Accordingly, the expression means the 1990 Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990. They then insert a new paragraph in these terms: Where the application for judicial review relates to a decision made by the Secretary of State or local planning authority under the planning acts, the claim form must be filed not later than six weeks after the grounds to make the claim arose. The necessary consequential amendments are also made, and finally the Rules provide that these changes do not apply to an application for judicial review where the grounds arose before 1 July 2013. It remains the case still that, where a local planning authority resolves to grant planning permission, time does not start to run until written notification of the grant is issued. See R (on the application of Burkett) v Hammersmith and Fulham London Borough Council [2002] UKHL 23; [2002] 2 PLR 90. The obvious practical question that arises relates to the Pre-action Protocol for Judicial Review. This sets out a code of good practice, incorporating the steps that the intended parties should take before a claim for judicial review is made. These include the claimant sending to the defendant a detailed letter before claim, and the defendant responding in detail within the suggested time frame of fourteen days. Where previously the claim form had to be filed promptly and in any event within three months after the grounds to make the claim first arose there was clearly a greater likelihood that the Protocol would be complied with. This has been recognised by the Ministry of Justice. It announced earlier that it would invite the Master of the Rolls to revise the Protocol, so as to disapply it in these cases. John Martin
