Judicial Review Insurance – What is a Judicial Review?
Judicial Review is the legal process by which members of the public may challenge the lawfulness of a decision made by a Public Authority.
This includes decisions made by Local Planning Authorities, therefore allowing local residents to ask a High Court Judge to consider the legality of the Planning Consent.
Applications for a Judicial Review will be accepted by the High Court up to 6 weeks after planning has been granted.
The court lodgement fee required for a Judicial Review is just £100 and if successful the planning will be overturned.
What is Judicial Review Insurance?
Judicial Review Insurance is a single premium Insurance which provides cover against Financial Losses in the event that a Judicial Review challenge of the planning permission is successful.
Why take out a Judicial Review Insurance policy?
Property development is not only risky, but timing is crucial for the success of any development. Holding a consented site for a further 6 weeks while you wait for a Judicial Review challenge which may or may not happen can be costly and therefore Judicial Review Insurance will enable a developer to commence work on site as soon as planning is granted.
A Judicial Review Insurance Policy benefits the developer by creating financial certainty, reduces risk and will enable key delivery targets to be met. The peace of mind Judicial Review Insurance gives is also essential for bank funding and investment.
Judicial Review Insurance will cover the following costs:
- Costs attributed in obtaining planning permission
- Cost of demolition of existing buildings
- Full reinstatement costs in modern materials
- Interest and business rates
- Professional fees
What information do we require?
- Copy of the planning consent
- Site Plan(s)
- Minutes from the planning meeting
- Copies of any objection letters
- Copy of S.106 Agreements or universal undertakings
- Copy of the appeal (if applicable)