Challenging a planning permission
Challenging a planning permission

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Challenging a planning permission
  • Brexit impact
  • Judicial review
  • Statutory review (TCPA 1990, ss 287 and 288)
  • Key procedural differences between statutory review and judicial review

The two most common methods available to challenge a planning decision are judicial review and statutory review. See Practice Notes: Scope of judicial review in planning matters, Planning judicial review—procedure, and Statutory planning review—s 287 challenges, s 288 challenges, s 63 challenges, s 22 challenges and s 113 challenges.

From 6 April 2014, both planning judicial reviews and statutory reviews are dealt with in a specialist planning court within the High Court.

Brexit impact

This content is likely to be impacted by the UK’s withdrawal from the EU. For further information on the implications of leaving the EU for planning law and practice, see: Brexit—implications for planning law and practice—overview and Practice Note: Brexit—the implications for English and Welsh planning law and practice.

Judicial review

Judicial review can be used only against public bodies or those exercising the functions of public bodies. The courts have held that private bodies that enter into contracts with public bodies cannot be subject to judicial review. It cannot be used to review the merits of the decision, but only the lawfulness of the way in which the decision was made.

Section 84(2A) of the Criminal Justice and Courts Act 2015 provides that the court must refuse to grant relief on an application for judicial review and may not make an award on such an application