I shall take a slightly different tack. I anticipate legal challenges regarding paragraph (1) to new schedule 2, which deals with the correction of errors in development consent decisions, in paragraph 2(1) to new schedule 4, which deals with changes to, and the revocation of, orders granting development and so on, and paragraph 3(1) to new schedule 4, which deals with changes to, and the revocation of, orders granting development consent. I cannot understand why the Government cannot find a means of making those corrections without having to put people to the expense of going to court. The last thing that I want is to do my learned friends out of jobs, but should the Bill say that it has to proceed all three cases by way of judicial review, which is a very expensive and often time-consuming process? Why could we not think of some other forum for correcting these cases?
Let us consider the example of the Commons Registration Act 1965, under which a commission was set up. It was normally chaired by a lawyer; people could apply locally to have discussions of this kind determined once and for all; and matters would proceed to the High Court only if the commissioner had misdirected himself or herself or had in some way fallen foul of the 1965 Act. It was a less time-consuming and less expensive procedure, and something along those lines may well lend itself to this part of the Bill. I had not prepared anything on this part of the Bill until now, but I was struck by the fact that the Bill imposes a duty on an individual always to go for judicial review, which, as I have said, is onerous and expensive. Between now and when the Bill finishes its passage through Lords, perhaps the Government will consider another forum, as that might be cheaper, quicker and perhaps more accessible.
Planning Bill
Proceeding contribution from
Elfyn Llwyd
(Plaid Cymru)
in the House of Commons on Monday, 2 June 2008.
It occurred during Debate on bills on Planning Bill.
About this proceeding contribution
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476 c567-8 Session
2007-08Chamber / Committee
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