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07/09/2020

Court to consider judicial review against new permitted development laws 

Words: Laura Edgar
Demolition / iStock: 599279756

Rights: Community: Action’s (RCA) legal challenge against recently extended permitted development rights will be heard in October. 

In August, The Planner reported that the campaign group had instructed solicitors at Leigh Day to issue a ‘pre-action protocol’ letter to the Ministry of Housing, Communities and Local Government (MHCLG), warning of its intention to launch a judicial review. 

The laws in question came into force on 31 August. The legislation provides for upward extensions on houses and the demolition of buildings and replacement with housing.

The claim for a judicial review will be heard in “a ‘rolled-up hearing’ for 1.5 days in the period between 8 October 2020 to 15 October 2020” at the High Court, according to a court document (pdf).

This entails two judges hearing the group’s application for permission to apply for a judicial review. If this is successful, a hearing for the application for a judicial review will follow.

As a result of this, RCA will not proceed with its application for interim relief, which would have suspended the new planning laws while the claim proceeds. All other grounds for the challenge, which are the government’s failure to undertake environmental or equalities assessments and its failure to properly consult before making the rules, will proceed. 

RCA is a coalition of campaigners: Naomi Luhde-Thompson, currently on sabbatical from Friends of the Earth; Hugh Ellis from the Town and Country Planning Association (TCPA); Laura Gyte from Oxfam; and Alex Goodman from Landmark Chambers.


Read more:

Campaigners throw down legal gauntlet on permitted development

Updated permitted development rights are unveiled


Image credit | iStock

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