Objectors get second bite at the cherry – and maybe more
Local residents and other persons minded to seek judicial review of an unwelcome planning decision will, in many instances, find that valuable breathing space has been won thanks to the successful appeal to the House of Lords in R (on the application of Burkett) v Hammersmith and Fulham London Borough Council [2002] UKHL 23; [2002] 22 EG 136 (CS).
For the purpose of the three-month limit imposed by CPR 54.5(I) (previously RSC Ord 53 r (4)(I)), it was held that time began to run from the date of the grant of the permission, and that was so despite the fact that it was no longer possible to challenge the earlier resolution passed by the council’s planning committee.
The opportunity for groups of private individuals to conserve their resources, and generally get their act together while waiting for the “big one”, will presumably not pass unnoticed in other cases (not necessarily concerned with planning law), where there are two or more stages to the decision-making process.
Related item:
Objectors get second bite at the cherry – and maybe more
Local residents and other persons minded to seek judicial review of an unwelcome planning decision will, in many instances, find that valuable breathing space has been won thanks to the successful appeal to the House of Lords in R (on the application of Burkett) v Hammersmith and Fulham London Borough Council [2002] UKHL 23; [2002] 22 EG 136 (CS).
For the purpose of the three-month limit imposed by CPR 54.5(I) (previously RSC Ord 53 r (4)(I)), it was held that time began to run from the date of the grant of the permission, and that was so despite the fact that it was no longer possible to challenge the earlier resolution passed by the council’s planning committee.
The opportunity for groups of private individuals to conserve their resources, and generally get their act together while waiting for the “big one”, will presumably not pass unnoticed in other cases (not necessarily concerned with planning law), where there are two or more stages to the decision-making process.
Related item:
PP 2002/153
