Hi,
The 2012 Regs refer to the Judicial Review period being 3 months from the time of adoption (Reg 11(2)(d)). However, in the back of my mind I was sure there had been changes to the time limit for JR. This would appear to be the case as a result of the Civil Procedure (Amendment No. 4) Rules 2013 which came into force on 1 July 2013. The time limit has been reduced from 3 months to six weeks for decisions made under the 'Planning Acts' as set out by section 336 of the Town and Country Planning Act 1990.
The 'Planning Acts', as defined by section 336, cover The Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990. It does not appear to cover the Planning and Compulsory Purchase Act 2004.
As the SPD process is governed by the 2004 Act, does this mean that the changes to the JR process do not affect it? i.e. is it still a 3 month time limit??
