Limits on judicial review of major planning decisions to be announced, says The Times

4 Feb

Public Law for Everyone

Today’s Times is reporting (£) that major planning decisions are to be made challengeable only in a new “planning court”. This suggests that such decisions will be made immune from scrutiny by the High Court in regular judicial-review proceedings. There is nothing inherently wrong with this: only recently, many immigration and asylum decisions were transferred to the judicial-review jurisdiction of the Upper Tribunal. The rule of law is capable of being satisfied other than by the availability of judicial review in the High Court – provided that the statutory substitute is invested with sufficient independence and authority to subject the relevant category of administrative decisions to an appropriate form of scrutiny.

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