BRS expansion - possible judicial review application
A judicial review is the procedure by which it is possible to seek to challenge the decision, action or failure to act of a public body such as a government department or a local authority or other body exercising a public law function.
The press statement of SBAE doesn't make it clear whose decision they want reviewed judicially. Is it the local authority's approval of the expansion plans or the secretary of state's decision not to 'call in' the local authority's decision for public enquiry? Presumably because he was satisfied that there was no need to interfere with the local authority's decision, ergo the sec of state couldn't have been concerned they were based on the flawed aviation policy of the previous government as SBAE alleges.
Claim forms for a judicial review must be filed promptly and in any event not later than three months after the grounds upon which the claim is based first arose.
The local authority granted planning permission nearly a year ago and the sec of state declined to call in the approval last September, both dates well outside the three months time limit.
A court has the power to extend the period for the lodging of an application for permission to apply for judicial review but will only do so where it is satisfied there are very good reasons for doing so.
I can't imagine what very good reasons there might be for extending the time limit. SBAE has followed the events every step of the way.
Do any lawyers know of any way that would enable SBAE to pursue a judicial review application? SBAE apparently thinks it can.