Justice secretary Chris Grayling revealed the consultation into the judicial review process, and explained that the proposals are “intended to deliver a much needed rebalancing of judicial review”.
The consultation said there are plans for a Specialist Planning Chamber in the Upper Tribunal, with specialist planning judges deployed to the Lands Chamber.
It added: “In addition, as a result of suggestions by the judiciary, the Government will consider with the Department for Communities and Local Government whether there is a case for introducing a permission filter in section 288 challenges to restrict weak cases progressing further.”
The Government has already introduced a Planning Fast-Track, which it expects “to deliver significant reductions in the time taken for judicial reviews in planning and infrastructure cases to be determined, and for these to be clear by the end of the year”.
The consultation added that in the Budget this year, the Government committed to streamlining the legal process for planning challenges, with a view to them being dealt with in the “shortest possible time”.
The British Property Federation welcomed the proposals. Chief executive Liz Peace said: “Access to justice is a mainstay of the rule of law in this country, but if it can be sensibly speeded up and streamlined, this should be welcomed.
“A specialist planning court is something we’ve repeatedly made the case for over many years, and this simple measure should have a real impact on not only the speed of decisions, but the quality too. Having greater numbers of expert judges that understand planning is a huge step forward for the development community.”
The consultation closes on 1 November.