Planning: more information on our Judicial Review

**This page was updated on 17 November 2020 to reflect latest developments**

This page contains rolling updates of the latest developments and documentation concerning our claim for Judicial Review of the government’s reforms to permitted development.


The government declared its new rules on permitted development to be one of the most radical shake-ups of planning law since World War II.  The changes will allow your next door neighbour to add two storeys to their house without permission and will allow developers to replace commercial sites with slum housing.

Our claim for Judicial Review

On 27 August 2020 Rights : Community : Action issued a claim for Judicial Review of the new rules before they are due to take effect in the following week.

The rules were laid before Parliament on the last day of the parliamentary term, and they were due to come into effect the day before Parliament returns so there has been no proper scrutiny of them by our elected body. But nor have they been subject to the proper processes of assessment and public consultation that should accompany such radical legislation.

On 2 September 2020 Justice Holgate directed that our claim for Judicial Review would be heard in early October 2020. We had a court date of 14 October 2020.

The verdict

On 17 November 2020 Justice Holgate’s judgment was handed down. Rights: Community : Action lost the case. We intend to appeal.

RCA instructed Leigh Day and Paul Brown QC and Alex Shattock of Landmark Chambers.

More information


judicial reviewpermitted developmentplanning

Related content

Court decision opens way for modern slums

The Court of Appeal has held that sweeping changes to the planning system are lawful. The appeal brought by Rights: Community Action (RCA) had argued that the Statutory Instruments (SIs) reforming permitted development rules were unlawful because they should have been subject to a strategic environmental assessment (SEA). RCA’s case was that the SIs, which … Continued

Read more

Planning Judicial Review: appeal to be held 5 October

>> URGENT: can you help support our legal costs? Last year we took the government to court over its hasty changes to the planning system in England. We lost our claim for Judicial Review, but were given leave to appeal. We now have a court date of 5 October 2021. At the hearing, the Court … Continued

Read more

Failure to revise planning rules are fuelling England’s climate disaster

Devastating and heartbreaking floods in North West Germany last week could have been the North of England if the weather system had gone a different way. At the same time yellow warning heatwaves in North Wales. Unheard of heatwaves in Portland, US while on the other side of the world in Hyderabad, India, they’re already … Continued

Read more