Q&As

When a planning committee refuses an application for planning permission and that refusal is subject to an appeal or judicial review, can the local planning authority settle either an appeal or a judicial review in advance and if so would any settlement need to be agreed with the planning committee or its chairman?

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Produced in partnership with Kevin Leigh
Published on: 08 April 2022
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When a planning committee refuses an application for planning permission and that refusal is subject to an Appeal or Judicial review, the local planning Authority (LPA) can settle an appeal or a judicial review, however, it will have to make a fresh determination. It cannot simply agree and recover jurisdiction, as the LPA is functus officio (ie cannot re-examine that decision). This principle is well established in international arbitration, and is accepted in many national laws.

Kevin Leigh
Kevin Leigh

Barrister and Mediator

I have been a barrister since 1986. I also managed property development/construction companies in 2007-2008 and continue to be involved in property development outside of my professional work.

For many years I was on the Bar Council committee/panel dealing with public and licensed access. I also sat for over 12 years on ‘The Disciplinary Tribunal of the Council of the Inns of Court’ as a judge dealing with professional complaints against barristers. In 2020 I was appointed for 3 years to the RTPI’s ‘Conduct & Discipline Appeal Committee’. In 2024, I was re-appointed for a further 3 years to the RTPI’s ‘Conduct & Discipline Appeal Committee’.
 
I have acted as an ad hoc consultant to property developers and organisations dealing with land providing advice and assisting project management from inception (looking at sites and proposed projects, negotiating with vendors, meetings with planning authorities) through to obtaining consent including representation on appeal and in court.
 
At the Bar I specialise in all aspects of planning law (especially residential and commercial schemes including retail, office, leisure and hotel development) and real property issues (boundaries, easements and covenants). I also advise and represent clients in judicial review and misfeasance cases. I have appeared at all levels of the civil and criminal courts as well as in inquiries and hearings.
 
Member of the Planning & Environment, Chancery and Property Bar Associations. Answers questions for LexisNexis on property, planning and litigation. On the Bar Council dealt with direct/licensed access. Disciplinary tribunal judge hearing complaints. 

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Jurisdiction(s):
United Kingdom
Key definition:
Appeal definition
What does Appeal mean?

The process by which an employee appeals the decision of an employer (for example following a termination or disciplinary hearing) or Court or Tribunal.

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