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Judicial review of PD and use class changes dismissed (Rights Community Action v SSHCLG)

Judicial review of PD and use class changes dismissed (Rights Community Action v SSHCLG)
Published on: 18 November 2020
Published by: LexisPSL
  • Judicial review of PD and use class changes dismissed (Rights Community Action v SSHCLG)
  • What are the practical implications of this case?
  • What was the background?
  • Legislative background
  • Factual background
  • What did the court find?
  • Ground 1—SEA
  • Ground 2—PSED
  • Ground 3—material considerations, inconsistency and failure to consult
  • Case details

Article summary

Planning analysis: The court has dismissed the claim for judicial review challenging the statutory instruments made in July 2020 bringing into force extensive changes to permitted development rights (PD rights) and use classes. The court found that the making of the statutory instruments did not require strategic environmental assessment, did not breach the public sector equality duty (PSED), and that the departure from the promise to further consult on the proposals on PD rights to demolish office buildings and erect buildings for residential use was lawful because the reasons for not further consulting were good and proportionate. or take a trial to read the full analysis.

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