Q&As

Can a decision to validate a planning application which fails to comply with certain local validation requirements be challenged by judicial review?

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Published on LexisPSL on 01/11/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can a decision to validate a planning application which fails to comply with certain local validation requirements be challenged by judicial review?

Whether a decision to validate a planning application can be challenged by judicial review will depend on the particular circumstances.

Section 327A of the Town and Country Planning Act 1990 (TCPA 1990) provides that a local planning authority (LPA) must not determine a planning application if it has failed to comply with requirements as to the form or manner in which the application is to be made or to the form or content of any document or other matter which accompanies the application.

TCPA 1990, s 62(1) provides for a development order to be made to make provision as to the form and manner in which planning applications must be made, particulars of matters which are to be included in planning applications, and documents to accompany planning applications. That development order is the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 (DMPO), which requires a planning application to be accompanied by certain material.

TCPA 1990, s 62(3) further provides that an LPA may require a planning application to include such evidence in support of a planning application as it thinks necessary. Any such requirement cannot be inconsistent with DMPO, SI 2015/595, and:

  1. must be reasonable having regard, in particular, to the nature and scale of the proposed development, and

  2. may require particulars of, or evidence about, a matter only if it is reasonable

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