Planning related applications for judicial review
This article was created by The Institute of Historic Building Conservation (IHBC). It was written by Bob Kindred MBE, BA, MRTPI, IHBC and published in June 2013. You can see the original article on the IHBC website.
The Prime Minister indicated at the CBI in late 2011 that applications for judicial review on planning or infrastructure proposals were a ‘growth industry’; an impediment to economic recovery and that many applications were ‘hopeless’ and that it should be more expensive and difficult to apply for one. Overall there were 11,200 JR cases of all categories in 2011.
Frank Dobson MP (Lab) subsequently obtained more detailed figures from the Ministry of Justice about judicial reviews related to planning or infrastructure proposals in each year since 1998; how many applications were allowed to proceed to a hearing and how many were granted in a written answer to a parliamentary question on 26 November. These figures appear not to have found a wide audience.
The figures since 1998 relating to the category of ‘other’ cases (i.e. other than immigration/asylum and criminal cases) relating to planning were:
The number of planning cases is trivial, representing only about 7% or 8% (9% at most, in some years). As a proportion of all JR applications, planning-related JR applications account for less than 2% of the overall total.
No clear conclusions can be drawn about any upward trend in the number of applications as these have fluctuated over 14 years, for example.
|2002||(down 16% on 2001)|
|2004||(down 2% on 2003, & still down 2% on 2001)|
|2009||(down 10% on 2008)|
|2010||(down 10% on 2009, & down 20% on 2008)|
Although the 191 planning-related JR applications in 2011 appear to represent a sharp increase over 2010, the figures for 2012 might again be lower. Nevertheless, overall the numbers are still very small.
In relation to an alleged increase rise in ‘hopeless’ JR applications, those which were allowed to proceed were:
|– 51||– 56||– 68||– 63||– 47||– 54||– 49|
|(= 46%)||(= 48%)||(= 56%)||(= 44%)||(= 39%)||(= 44%)||(= 41%)|
|– 44||– 50||– 51||– 67||– 64||– 46||– 61|
|(= 31%)||(= 35%)||(= 34%)||(= 36%)||(= 39%)||(= 31%)||(= 32%)|
(the figure in brackets is the percentage of total planning-related JR cases per year).
In most years, at least a third of planning-related JR applications were given permission to proceed, a much higher proportion than the average for other types. No trends about allegedly ‘hopeless’ cases frustrating development proposals are evident (and there is an already effective vetting process to reject unarguable cases).
The success rate of cases, ie where planning-related JR applications were granted, were as follows:
|– 10||– 19||– 29||– 17||– 12||– 11||– 10|
|(= 20%)||(= 34%)||(= 43%)||(= 27%)||(= 26%)||(= 20%)||(= 20%)|
|– 11||– 7||– 17||– 14||– 15||– 17||– 6|
|(= 25%)||(= 14%)||(= 33%)||(= 21%)||(= 23%)||(= 37%)||(= 10%)|
Again, no discernible trend is evident and each case must have been arguable or it would not have been given permission to proceed.
One final point is that the Prime Minister considers it should be made more expensive to apply for judicial review, however this could be in breach of Aarhus Convention  and it was precisely in order to ensure compliance with the Convention that the Ministry of Justice put forward proposals to limit the costs in environment-related judicial review cases.
 The Aarhus Convention is a multilateral environmental agreement which came into force on 30 October 2001 through which the opportunities for citizens to access environmental information are increased and transparent and reliable regulation procedure is secured.
This is one of a series of occasional IHBC Research Notes published by The Institute of Historic Building Conservation (IHBC). The Notes necessarily reflect knowledge and practice at the time they were developed, while the IHBC always welcomes new case examples, feedback and comment to ihbc.org.uk [email protected]ihbc.org.uk for future revisions and updates.
--Institute of Historic Building Conservation 10:00, 15 Jun 2016 (BST)
Related articles on Designing Buildings Wiki
IHBC’s 2021 virtual conference examines how we can best change and sustain places for the benefit of people, led by expert practitioners boasting international, national and local profiles and experiences.
A section of the Ulster Canal, a disused canal in the border region of Monaghan and Fermanagh, will be restored and reopened as a public amenity more than 90 years after it was abandoned.
One of the most stunning Roman finds ever unearthed in Britain has been discovered on the site of a new housing development in a village near Scarborough.
The latest issue (no.167) of the IHBC’s membership journal Context is now out, boasting a tight focus on Urban Design, with a distinctly international take.
Europa Nostra has announced the list together with its partner, the European Investment Bank Institute.
Work is underway on an ambitious project to virtually ‘clone’ Bradford city centre, as a ‘Digital twin’ will open the door to a 3D world with virtually endless possibilities.
The support will create dozens of opportunities in heritage repair and construction and waterways management, funded by the Department for Work and Pensions.
The 2021 edition of the Building Conservation Directory, also available online, has been published. Find skilled trades specialising in work to historic and traditional buildings.
BT has revealed that almost 4,000 of its iconic red phone boxes across the UK are available for local communities to adopt for just £1.
On 26 March the IHBC, led by Prof. John Edwards, hosted a free one-hour CPD webinar ‘Introduction to Building Survey for Retrofit’ for sector professionals.