Statutory planning review—s 287 challenges, s 288 challenges, s 63 challenges, s 22 challenges and s 113 challenges
Produced in partnership with Stephen Morgan of Landmark Chambers
Statutory planning review—s 287 challenges, s 288 challenges, s 63 challenges, s 22 challenges and s 113 challenges

The following Planning practice note produced in partnership with Stephen Morgan of Landmark Chambers provides comprehensive and up to date legal information covering:

  • Statutory planning review—s 287 challenges, s 288 challenges, s 63 challenges, s 22 challenges and s 113 challenges
  • Introduction
  • Statutory review under TCPA 1990, s 287
  • Scope of s 287 challenge
  • Permission of the court required for s 287 challenge
  • Statutory time limit for commencing s 287 challenge
  • Remedies—powers of the court when dealing with s 287 challenge
  • Statutory review under TCPA 1990, s 288
  • Scope of s 288 challenge
  • Permission of the court required for s 288 challenge
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak — see: Statutory planning review—s 287 challenges, s 288 challenges, s 63 challenges, s 22 challenges and s 113 challenges — Impact of coronavirus (COVID-19) on court proceedings including hearings. For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.

Introduction

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 Note: Planning judicial review).

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

Popular documents