Burkett – Imperial Wharf – JR timing

Burkett was a challenge to a residential development at Imperial Wharf, London. The key issue in the case was whether time for taking a judicial review challenge ran from the date of the Council’s planning committee meeting authorising the grant of planning permission, or its actual issue. The House of Lords agreed with us that it was the latter date.

Sonia Burkett was a neighbour likely to be seriously affected by affected by a major residential development at Imperial Wharf on the River Thames. She considered she had not been involved in the planning process and claimed that there had been no environmental impact assessment (as to the importance of which, see Berkeley, then quite recently decided). In the case of large developments there can be quite a time lag between resolution to grant and issue of planning permission. In this case the claim was lodged long after the resolution to grant permission (but in fact before it was issued). Opposing parties said it was out of time. The High Court and Court of Appeal agreed with them that time ran from the date of the resolution to grant. The House of Lords decided otherwise, essentially because until a planning permission is issued there is no legal instrument in effect authorising the development and indeed it may never be issued.

The case has given welcome certainty to timing of challenges to permissions and in similar situations where there is a process of resolution to grant and actual grant. It also gives parties more time to consider their positions. But it does not stop people raising concerns about the resolution to grant which may result in reconsideration without the need for legal proceedings.