None of the usual commentary this week. Instead I wanted briefly to share with you that Town Legal and Landmark Chambers have finally updated our joint Planning Court Case Explorer.
This is a tool which we have designed to provide anyone interested in the planning process with free-to-access data in relation to all cases which have been handed down in the Planning Court following a full hearing, since the creation of the Court in 2014 up to 31 August 2023. The Case Explorer also includes data on cases subsequently heard in the Court of Appeal and Supreme Court.
Please explore – and save it on your browser!
You’ll see that the Case Explorer now covers 766 cases (Planning Court: 591, Court of Appeal: 160; Supreme Court: 15). You can click through to the transcript for each of them, and to a summary, by Town Legal lawyers as part of their free weekly Town Library service, of all judgments since 2017. Cases have been categorised by Landmark’s Rebecca Sage, Harley Ronan and Barney McCay.
You will currently see glitches (do tell me about them) and we do not vouch for its absolute accuracy or that nothing has slipped the net. But we hope that is a useful jumping off point for initial research.
Some basic examples of routes you might take through the information:
Know your subject area… If your research task is, for instance, statutory challenges to local plans you will find 222 of them. You want to see which these are? They are all there.
Know your judge… You can search the cases by judge. (By the way, Lang J has handed down more Planning Court judgments than any other judge: 106. Holgate J stands at 54, Dove J at 38).
Who are the most active litigants? In terms of the private sector and NGOs, whether as claimant or interested party, way out in front is Gladman, at 16 (including three appeals); second is Redrow at 8; joint third are Friends of the Earth and the Open Spaces Society, both at 6. In terms of the public sector, we have four authorities which are all at 9: Canterbury, Lambeth, Maidstone and Westminster.
Again, in every instance you can click through to the actual judgment transcripts – and, usually, Town Legal case summaries.
Predicting likely timescales is so often critical… The average duration of a case, from the date of the decision that is challenged to the date of handing down of the Planning Court’s judgment following a full hearing is 333 days, if you consider all of the 591 judgments handed down since 2014. If you just consider the 12 judgments handed down in Q3 2023 up to 31 August, the period rises to 393. (Bear in mind that these statistics do not include cases that do not reach a full hearing, having been sieved out at permission stage or withdrawn – it would be extremely useful to have this further information).
Town Legal and Landmark Chambers will be doing some more in-depth analysis over the coming weeks. If you would be interested in any of the output, do let me know, or indeed Mike Gooch at Landmark Chambers (without whom, et cetera).
Simon Ricketts, 13 October 2023
Personal views, et cetera
SIMONICITY 
Good morning Simon,
An excellent additional source of information and thanks to TL and LC for collaborating in its creation and maintenance.
I wonder if you could shed any light on a minor matter (but important to many) as to the Clause in the LURB Bill which proposed abolition of the 4 year Rule relating to Enforcement.
I have been searching high and low to find out whether it remains in the Bill (there were rumours it might be dropped) but assuming the relevant Clause has survived, what transition arrangements are proposed namely when will it actually come into force.
This is quite a cheeky request but would be very grateful if you could shed some light on this matter.
No problem if you have neither the time nor inclination to respond.
Thank you.
Regards
George Vasdekys MRTPI
Salisbury Jones Planning
33 Bassein Park Road
London W12 9RW
Tel 0208 749 9001
M 07808631172
http://www.salisburyjonesplanning.com
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