# Planning and Infrastructure Act 2025, Section 13: Planning Act 2008: legal challenges

Extent: E+W

(1) In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (c) insert—
“(ca) from a refusal of permission to apply for judicial review in a case within section 13 or 118 of the Planning Act 2008 (proceedings relating to national policy statements or development consent), if the High Court decides that the application for permission to apply for judicial review is totally without merit;”.
(2) The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—
(a) provision requiring an application for permission to apply for judicial review in a case within section 13 or 118 of the Planning Act 2008 (proceedings relating to national policy statements or development consent) to be decided at an oral hearing;
(b) provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.

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Source: https://www.legislation.gov.uk/ukpga/2025/34/section/13 (the official version)
Page: https://openlegislation.uk/planning-and-infrastructure-act-2025/section-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.