Planning decisions and actions by local planning authorities, and other public bodies, can be challenged in the courts if the decision taken was unlawful, in a process known as judicial review or statutory challenge.
The grant of planning permission can only be challenged on very limited grounds, where the local planning authority or Secretary of State through an Inspector on a planning appeal have acted perversely or unlawfully. An example would be where the local planning authority had not carried out an environmental impact assessment before granting planning permission. Once a local planning authority or planning inspector issues a planning permission, a challenge can only be made within 6 weeks of the date of the decision, so it is vital you act quickly.
Our judicial and statutory review advice
We act for interested parties looking to challenge a public authority’s decision, as well as for public authorities seeking to defend their decisions against challenge. If you think that you are going to be affected by new development, we can advise on objecting and opposing any application, and on challenging the permission if granted.
It is not just planning decisions that are vulnerable. Any decision of a public authority can be challenged in the courts. If you think you are going to be adversely affected, we can advise on the options available to you, but you need to act quickly as any action must be taken as soon as possible.
Planning from all perspectives
Having worked within legal departments for local authorities, we have experience ‘on both sides of the fence’ and can advise you on the intricacies of planning law from all perspectives.
Above all, our planning lawyers are committed to helping you get the outcome you need, so you can focus on moving forward with your building projects.