PRACTICE DIRECTION 54E – PLANNING COURT CLAIMS

This Practice Direction supplements Part 54

Title
Number
General
Para. 1
How to start a Planning Court claim
Para. 2
Categorisation of Planning Court claims
Para. 3

General

1.1 This Practice Direction applies to Planning Court claims.

1.2 In this Practice Direction “planning statutory review” means a review under the provisions listed in paragraph 1.1(a) to (e) of PD8C.

How to start a Planning Court claim

2.1 Planning Court claims must be issued or lodged in the Administrative Court Office of the High Court in accordance with Practice Direction 54D.

2.2 The form must be marked the “Planning Court”.

Categorisation of Planning Court claims

3.1 Planning Court claims may be categorised as “significant” by the Planning Liaison Judge.

3.2 Significant Planning Court claims include claims which—

(a) relate to commercial, residential, or other developments which have significant economic impact either at a local level or beyond their immediate locality;

(b) raise important points of law;

(c) generate significant public interest; or

(d) by virtue of the volume or nature of technical material, are best dealt with by judges with significant experience of handling such matters.

3.3 A party wishing to make representations in respect of the categorisation of a Planning Court claim must do so in writing, on issuing the claim or lodging an acknowledgment of service as appropriate.

3.4 The target timescales for the hearing of significant (as defined by paragraph 3.2) Planning Court claims, which the parties should prepare to meet, are as follows, subject to the overriding objective of the interests of justice—

(a) applications for permission to apply for judicial review or planning statutory review are to be determined within three weeks of the expiry of the time limit for filing of the acknowledgment of service;

(b) oral renewals of applications for permission to apply for judicial review or planning statutory review are to be heard within one month of receipt of request for renewal;

(c) applications for permission under section 289 of the Town and Country Planning Act 1990 are to be determined within one month of issue;

(d) planning statutory reviews are to be heard within six months of issue; and

(e) judicial reviews are to be heard within ten weeks of the expiry of the period for the submission of detailed grounds by the defendant or any other party as provided in rule 54.14.

3.5 The Planning Court may make case management directions, including a direction to any party intending to contest the claim to file and serve a summary of his grounds for doing so.

3.6 Notwithstanding the categorisation under paragraph 3.1 of a Planning Court claim as significant or otherwise, the Planning Liaison Judge may direct the expedition of any Planning Court claim if he considers it to necessary to deal with the case justly.

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