The time limit for lodging an application for judicial review of a planning decision is now a fixed six weeks from the date of the decision. This will usually be the date the planning permission is actually issued (not the date of the resolution to grant).

Some planning decisions nevertheless remain subject to the old three month judicial review period, e.g. decisions under the Highways Act.

The courts have recently considered how to count the six weeks (apparently not a simple question), so always take advice on drafting in agreements which are conditional on planning or where decisions are being made on when a permission should be regarded as "safe". Always remember that the courts retain a discretion to accept legal challenges outside the relevant period.

For more information please contact:

Matthew White
Matthew White
Partner and Head of Planning, London
+44 20 7466 2461
Lucy Morton
Lucy Morton
Professional Support Lawyer, Planning, London
+44 20 7466 2626