Call for developers to review planning processes

Developers are being warned that a landmark High Court ruling could open the floodgates for opponents to challenge planning decisions even after the three month statutory time limit has expired.

Commercial property specialists at hlw Keeble Hawson Solicitors, which operates throughout Yorkshire with offices in Leeds, Sheffield and Doncaster, say the decision to allow a Wakefield community group to apply for a judicial review could spark wide-ranging repercussions for property developers.

hlw Keeble Hawson is acting for Hemsworth Town Council which sold land to a developer who was granted planning consent by Wakefield Council in November 2010 for a residential development. The move prompted Hemsworth Community Action Group to apply for a judicial review which was initially dismissed because it was submitted more than three months after the planning consent had been given.

However, a second application to proceed with a judicial review was granted by the High Court after the protestors discovered that Wakefield Council had not complied with certain EC laws and had failed to commission an Environmental Impact Assessment.

hlw Keeble Hawson senior property solicitor, Glyn Jones, said: “This case throws the planning laws into turmoil and will no doubt leave developers with the headache of deciding whether or not to proceed with planning consents which could later be challenged after the statutory time limits. We advise them to review their processes in light of this unprecedented decision.”