Product Focus: Judicial review
Background
Solution
The client wished to develop upon land that it owned (an area of unused and open space comprised of overgrown grass and scrub with a wooded copse) and an application for outline planning consent had been submitted for the redevelopment of the land as a large residential housing scheme.
Following a full analysis, First Title was able to insure the risk and provided a policy to the client, ensuring that they would be indemnified in the event that the planning consent was quashed by an Order citing either of the following:
The application was complicated and had been submitted several times to the planning committee during which, a number of technical and procedural issues had been raised. To further complicate matters, the application had generated a significant response from the local community.
Challenge The client was concerned that if consent was granted, a third-party challenge by way of a judicial review could present a number of scenarios that would potentially delay or threaten the development. These included, preventing access to the land in order to commence works, an injunction which ordered the cessation of works, or the reversal of the planning decision.
• an application for judicial review under Part 54 of the Civil Procedure Rules instigated within a period of six weeks of the date of grant of the Planning Permission or Policy Date (whichever is the later) • an application for statutory review instigated under section 288 of the Town & Country Planning Act 1990 within a period of six weeks of the date of grant of the Planning Permission or Policy Date (whichever is the later). For further information on how First Title can assist you with its range of specialist cover and policies, please contact directly using the details below.
Solicitors acting on behalf of the client approached us to consider offering Judicial Review cover.
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