PRACTICE DIRECTION 8C – ALTERNATIVE PROCEDURE FOR STATUTORY REVIEW OF CERTAIN PLANNING MATTERS

This Practice Direction supplements CPR 8

Contents of this Practice Direction

Title Number
General provisions applicable to planning statutory review
Para. 1
Claim form Para. 2
Bundle of documents at permission stage
Para. 3
Service of claim form Para. 4
Acknowledgment of service Para. 5
Failure to file acknowledgment of service
Para. 6
Permission decision without a hearing
Para. 7
Permission hearing
Para. 8
Permission given Para. 9
Service of order giving or refusing permission
Para. 10
Defendant etc. may not apply to set aside
Para. 11
Response
Para. 12
Where claimant seeks to rely on additional grounds
Para. 13
Evidence Para. 14
Skeleton arguments Para. 15
Bundle of documents at hearing stage Para. 16
Planning statutory review may be decided without a hearing Para. 17
Agreed final order Para. 18

General provisions applicable to planning statutory review

1.1 This Practice Direction, which is made pursuant to rule 8.1(6), relates to claims for statutory review under—

(a) section 287 of the Town and Country Planning Act 1990;

(b) section 288 of the Town and Country Planning Act 1990;

(c) section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(d) section 22 of the Planning (Hazardous Substances) Act 1990; and

(e) section 113 of the Planning and Compulsory Purchase Act 2004.

1.2 In this Practice Direction “claim for planning statutory review” means a claim under any of the statutory provisions set out in paragraph 1.1.

1.3 The Part 8 procedure must be used in a claim for planning statutory review.

1.4 Part 8 applies to a claim for planning statutory review with the modifications set out in this Practice Direction.

1.5 Practice Direction 8A does not apply to a claim for planning statutory review.

1.6 Practice Direction 54D applies to applications under this Practice Direction.

1.7 Practice Direction 54E applies to applications under this Practice Direction.

(Rule 8.1(6)(b) provides that a rule or practice direction may, in relation to a specified type of proceedings, dis-apply or modify any of the rules set out in Part 8 as they apply to those proceedings.)

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Claim form

2.1 A Part 8 claim form (in practice form N208) must be used and must be filed at the Administrative Court within the time limited by the statutory provisions set out in paragraph 1.1.

2.2 In addition to the matters set out in rule 8.2 (contents of the claim form) the claimant must also state –

(a) the name and address of any person that the claimant considers must be served in accordance with paragraph 4.1;

(b) that the claimant is requesting permission to proceed with a claim for planning statutory review;
(Permission is required to apply for planning statutory review under the provisions listed in paragraph 1.1 (a) to (e) of this Practice Direction.)

(c) a detailed statement of the claimant’s grounds for bringing the claim for planning statutory review;

(d) a statement of the facts relied on;

(e) any application for directions; and

(f) the remedy being claimed (including any interim remedy).

(Part 25 sets out how to apply for an interim remedy.)

2.3 The claim form must be accompanied by the following documents–

(a) any written evidence in support of the claim;

(b) a copy of any decision, order, relevant document or action that the claimant seeks to have quashed;

(c) copies of any documents on which the claimant proposes to rely;

(d) copies of any relevant statutory material; and

(e) a list of essential documents for advance reading by the court (with page references to the passages relied on).

2.4 Where it is not possible to file all the above documents, the claimant must indicate which documents have not been filed and the reasons why they are not currently available.

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Bundle of documents at permission stage
   
3.1 The claimant must file two copies of a paginated and indexed bundle containing all the documents referred to in paragraphs 2.1 to 2.3.

3.2 Attention is drawn to rules 8.5(1) and 8.5(7).

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Service of the claim form

4.1 The claim form must be served on the appropriate Minister or government department and, where different, on the person indicated in the following table:
If the application is brought under –

1. section 287 of the Town and Country Planning Act 1990; or

2. section 113 of the Planning and Compulsory Purchase Act 2004.

The authority who prepared the relevant document.
If the application relates to any decision or order, or any action on the part of a Minister of the Crown to which –

1. section 288 of the Town and Country Planning Act 1990 applies; or

2. section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 applies.

a. The authority directly concerned with the decision, order or action; or

b. if that authority is the claimant, on every person who would, if he were aggrieved by the decision, order, relevant document or action, be entitled to apply to the High Court under section 288 of the Town and Country Planning Act 1990 or section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as the case may be.

If the application relates to any decision on the part of a Minister of the Crown to which section 22 of the Planning (Hazardous Substances) Act 1990 applies.

a. The hazardous substance authority who made the decision on the application to which the proceedings relate; or

b. if that authority is the claimant, on every person who would, if he were aggrieved by the decision, be entitled to apply to the High Court under section 22 of the Planning (Hazardous Substances) Act 1990.


4.2 In paragraph 4.1 “the appropriate Minister or government department” means the Minister of the Crown of the government department –

(a) by whom the decision or order was or may be made;

(b) on whose part the action in question was or may be taken.

4.3 Except as required by paragraphs 7.3 or 10.1, the Administrative Court will not serve documents and service must be effected by the parties.

4.4 The claim form must be served within the time limited by the relevant enactment for making a claim for planning statutory review set out in paragraph 1.1.

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Acknowledgment of service

5.1 Rules 8.3(1) and 8.3(2) do not apply to a claim for planning statutory review.

5.2 Any person served with the claim form who wishes to take part in the planning statutory review must file an acknowledgment of service in the relevant practice form in accordance with paragraphs 5.3 to 5.6.

5.3 Any acknowledgment of service must be –

(a) filed not more than 21 days after service of the claim form; and

(b) served on –

(i) the claimant; and

(ii) any other person named in the claim form, as soon as practicable and, in any event, not later than 7 days after it is filed.

5.4 The time limits under paragraph 5.3 may not be extended by agreement between the parties.

5.5 The acknowledgment of service –

(a) must –

(i) where the person filing it intends to contest the claim, set out a summary of his grounds for doing so;

(ii) state the name and address of any person the person filing it considers should be served in accordance with paragraph 4.1; and

(iii) comply with rule 10.5; and

(b) may include or be accompanied by an application for directions.

5.6 Rule 10.3(2) does not apply.

5.7 The provisions of Part 15 (defence and reply) do not apply.

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Failure to file acknowledgment of service

6.1 Where a person served with the claim form has failed to file an acknowledgment of service in accordance with paragraphs 5.1 to 5.7, rule 8.4 does not apply and that person–

(a) may not take part in a hearing to decide whether permission should be given unless the court allows him to do so; but

(b) provided that person complies with paragraphs 12.1 to 12.3 or any other direction of the court regarding the filing and service of –

(i) detailed grounds for contesting the claim or supporting it on additional grounds; and

(ii) any written evidence,

may take part in the hearing of the planning statutory review. 

6.2 Where that person takes part in the hearing of the planning statutory review, the court may take the failure to file an acknowledgment of service into account when deciding what order to make about costs.

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Permission decision without a hearing

7.1 The court will generally consider the question of permission without a hearing.

7.2 Paragraphs 7.3 to 7.8 apply where the court, without a hearing –

(a) refuses permission to proceed; or

(b) gives permission to proceed –

(i) subject to conditions; or

(ii) on certain grounds only.

7.3 The court will serve its reasons for making the decision when it serves the order giving or refusing permission in accordance with paragraph 10.1.

7.4 Subject to paragraph 7.8, the claimant may not appeal but may request the decision to be reconsidered at a hearing.

7.5 A request under paragraph 7.4 must be filed within 7 days after service of the reasons under paragraph 7.3.

7.6 The claimant, defendant and any other person who has filed an acknowledgment of service will be given at least 2 days’ notice of the hearing date.

7.7 The court may give directions requiring the proceedings to be heard by a Divisional Court.

7.8 Where the court refuses permission to proceed and records the fact that the application is totally without merit in accordance with rule 23.12, the claimant may not request that decision to be reconsidered at a hearing.

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Permission hearing

8.1 Neither the defendant nor any other person need attend a hearing on the question of permission unless the court directs otherwise.

8.2 Where the defendant or any party does attend a hearing, the court will not generally make an order for costs against the claimant.

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Permission given

9.1 Where permission to proceed is given the court may also give directions.

9.2 Directions under paragraph 9.1 may include –

(a) a stay of proceedings to which the claim relates;

(b) directions requiring the proceedings to be heard by a Divisional Court; or

(c) directions about serving the claim form and any evidence on other persons.

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Service of order giving or refusing permission

10.1 The court will serve –

(a) the order giving or refusing permission; and

(b) any directions,

on –

(i)     the claimant;

(ii)     the defendant; and

(iii)     any other person who filed an acknowledgment of service.

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Defendant etc. may not apply to set aside

11.1 Neither the defendant nor any other person served with the claim form may apply to set aside an order giving permission to proceed.

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Response

12.1 A defendant and any other person served with the claim form who wishes to contest the claim or support it on additional grounds must file and serve – 

(a) detailed grounds for contesting the claim or supporting it on additional grounds; and

(b) any written evidence,

within 35 days after service of the order giving permission.

12.2 Where the party filing the detailed grounds intends to rely on documents not already filed, that party must file a paginated bundle of those documents when filing the detailed grounds.

12.3 The following rules do not apply –

(a) rule 8.5 (3) and 8.5 (4) (defendant to file and serve written evidence at the same time as acknowledgment of service); and

(b) rule 8.5 (5) and 8.5 (6) (claimant to file and serve any reply within 14 days).

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Where claimant seeks to rely on additional grounds

13.1 Where the claimant intends to apply to rely on additional grounds at the hearing of the planning statutory review, the claimant must give notice to the court and to any other person served with the claim form no later than 7 clear days before the hearing.

13.2 The court’s permission is required if a claimant seeks to rely on grounds other than those for which the claimant has been given permission to proceed.

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Evidence

14.1 Rule 8.6 (1) does not apply.

14.2 No written evidence may be relied on unless–

(a) it has been served in accordance with–

(i) this Practice Direction; or

(ii) direction of the court; or

(b) the court gives permission.

14.3 Disclosure is not required unless the court orders otherwise.

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Skeleton arguments

15.1 The claimant must file and serve a skeleton argument not less than 21 working days before the date of the hearing of the statutory review.

15.2 The defendant and any other party wishing to make representations at the hearing of the planning statutory review must file and serve a skeleton argument not less than 14 working days before the date of the hearing.

15.3 Skeleton arguments must contain-

(a) a time estimate for the complete hearing, including delivery of judgment;

(b) a list of issues;

(c) a list of the legal points to be taken (together with any relevant authorities with page references to the passages relied on);

(d) a chronology of events (with page references to the bundle of documents (see paragraph 16));

(e) a list of essential documents for the advance reading of the court (with page references to the passages relied on) (if different from that filed with the claim form) and a time estimate for that reading; and

(f) a list of persons referred to.

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Bundle of documents at hearing stage

16.1 The claimant must file a paginated and indexed bundle of all relevant documents required for the hearing of the planning statutory review when filing the claimant’s skeleton argument.

16.2 The bundle must also include those documents required by the defendant and any other party who is to make representations at the hearing.

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Planning statutory review may be decided without a hearing

17.1 The court may decide the claim for planning statutory review without a hearing where all the parties agree.

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Agreed final order

18.1 If the parties agree about the final order to be made in a claim for planning statutory review, the claimant must file at the court a document (with 2 copies) signed by all the parties setting out the terms of the proposed agreed order together with a short statement of the matters relied on as justifying the proposed agreed order and copies of any authorities or statutory provisions relied on.

18.2 The court will consider the documents referred to in paragraph 18.1 and will make the order if satisfied that the order should be made.

18.3 If the court is not satisfied that the order should be made, a hearing date will be set.

18.4 Where the agreement relates to an order for costs only, the parties need only file a document signed by all the parties setting out the terms of the proposed order.

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