The following Planning guidance note Produced in partnership with Stephen Morgan of Landmark Chambers provides comprehensive and up to date legal information covering:
Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be challenged in the courts if the decision taken was unlawful.
Most planning decisions can be challenged through an application to the High Court for judicial review (see Practice Notes: Challenging a planning permission, Scope of judicial review in planning matters and Planning judicial review—procedure).
However, there are instances where the relevant statutory regime governing a particular decision or action expressly prevents the decision or action from being challenged in court, including via judicial review, other than by way of a statutory application. In other words, the relevant legislation will expressly state that a particular action or decision cannot be challenged except in accordance with a specific statutory provision. Such challenges are known as statutory reviews or statutory challenges.
This Practice Note focuses on the provisions for applications for statutory planning review (commonly referred to as ‘applications’ rather than ‘claims’ although the terms are used interchangeably), which in a planning context comprise:
applications under section 287 of the Town and Country Planning Act 1990 (TCPA 1990) in respect of the validity of simplified planning zone schemes and certain highway and other orders
applications under TCPA 1990, s 288 in respect of the validity of certain planning decisions, orders and directions, including planning appeal
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