Judicial Review and section 288 High Court Proceedings.
Our specialist team has considerable experience in successfully challenging planning decisions. We're transparent with the process, timescales and costs involved.
Judicial Review stage can be extremely distressing.
You can rely on us to act quickly and professionally.
We give our clients straightforward advice as to the likelihood of success of challenging a planning decision and work transparently with them ensuring at all times our clients understand the process, timescales and costs involved.
Our specialist Town and Country Planning Team has considerable experience in successfully challenging planning decisions in the High Court and have taken cases to the Court of Appeal and the House of Lords.
We give our clients straightforward advice as to the likelihood of success of challenging a planning decision and work transparently with them ensuring at all times our clients understand the process, timescales and costs involved.
When a proposal reaches this review stage matters tend to move quickly and speed of action is key. Our expert Town and Country Planning Team is proactive and they pride themselves on being responsive to the inevitable short time frames involved.
Working With Our Service Team
Adding value to your property assets means successfully negotiating the maze of planning and environmental regulations and liabilities. Our experienced and expert team provide strategic and proactive advice to help you deliver on the legal aspects required.
- Suzanne Tucker
If you have an enquiry in relation to Town and County Planning or want to speak to a member of our expert team, please get in touch.
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A Judicial Review or High Court challenge is where an application is made to the High Court for a review of the lawfulness of a decision or action of a public body. It can relate to any function of the Local Authority, including Planning decisions.
In relation to Planning matters, cases are most frequently brought by third party objectors who wish to challenge the grant of a planning permission by a local planning authority or appeal Inspector, but challenges can also be brought in relation to, for example, a decision by a Local Authority not to take enforcement action against a breach of planning control.
Judicial Review cases can only be brought on the basis that there was a legal error in the decision making process, and cannot act as a re-run of the merits of the case.
In relation to planning decisions, there is a very strict deadline of 6 weeks within which a challenge must be made, and within that time the complainant must also follow the ‘Pre-Action protocol’, which requires a letter to be sent to the public body. Legal advice should therefore be sought straight away if a decision is made that you wish to challenge.
What is a Statutory Challenge under Section 288 or Section 289 of the Town and Country Planning Act?
An applicant for planning permission, who takes their case to appeal and who is unhappy with the Inspector’s decision, can challenge that decision by way of a form of Judicial Review under s288.
s289 is a similar process which allows the decision of an Inspector in relation to an enforcement appeal to be challenged.
As for Judicial Review, the time limit is 6 weeks from the decision and the challenge can only be made on the grounds of an error of law in the decision making process – the Court will rarely interfere with the exercise of planning judgment by an Inspector..
