see you in court?

摘要

While the publication of the Planning White Paper has, unsurprisingly, prompted a lively debate (and in the region of 44,000 consultation responses), another consultation exercise which could have significant implications for the future operation of the planning system has also been progressing, albeit with comparatively little fanfare. This is the work undertaken by the Independent Review of Administrative Law chaired by former Justice Minister Lord Faulks QC, which has been seeking views on potential reforms to judicial review.1 According to Lord Faulks the Independent Review will examine 'the need to strike a balance between the right of citizens to challenge government through the courts and the elected government's ' right to govern'.2 There is a clear political context for the review. The Conservative Party's 2019 manifesto referred to a desire to ensure that 'judicial review is available to protect the rights of the individuals against an overbearing state, while ensuring that it is not abused to conduct politics by another means or to create needless delays'.3 The outcome of the review may well have significant consequences for the future operation of the Planning Court. The Court was established back in 2014 in response to a recognised need to deal more swiftly with planning cases, with the benefit of input from judges who have relevant expertise in what is a highly specialist field. This skill set is of particular importance given the Court's role in providing a definitive view on what planning law and policy means, in addition to ensuring that the rights of individuals are upheld.