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Options For Change
26.0 JUDICIAL REVIEW
Proposal: The ability to petition for judicial review should be subject to a time limit.
Source: Seminar with lawyers.
Present position: A petition may be barred on grounds of mora taciturnity and acquiescence, but the problem is that it is uncertain at what point in time this can be said to occur.
Implementation: This would have implications beyond the planning system and would require a change to the Court of Session Rules.
Discussion:
- England has a time limit of 3 months which runs from the date of the grant of planning permission - ( ex parte Burkett [2002] JPL 1396).
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