Planning judicial and statutory review

Practice notes

Permission to appeal—the application

Permission to appeal—the applicationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...

28th Jul

Practice notes

Responding to an appellant's notice—the written statement and respondent's notice

Responding to an appellant's notice—the written statement and respondent's noticeCoronavirus (COVID-19): The guidance detailing normal practice set...

28th Jul

Practice notes

Starting an appeal—general provisions

Starting an appeal—general provisionsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...

28th Jul

Practice notes

The pre-action protocols and when they apply

The pre-action protocols and when they applyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...

22nd Jul

Practice notes

Non-compliance with pre-action provisions

Non-compliance with pre-action provisionsThis Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction...

22nd Jul

Practice notes

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 7th Jul

Practice notes

Judicial review—how to start proceedings

Judicial review—how to start proceedingsThis Practice Note summarises the procedural stages in a judicial review application and then describes in...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 28th Jun

Q&As

Can a claimant recover pre-action costs for a potential claim under section 288 of the Town and Country Planning Act 1990? When the Local Planning Authority returned the matter to a Planning Committee, the outcome was favourable for the claimant, resulting in no s 288 claim being made.

Can a claimant recover pre-action costs for a potential claim under section 288 of the Town and Country Planning Act 1990? When the Local Planning...

14th Jun

Practice notes

An introductory guide to damages in judicial review

An introductory guide to damages in judicial reviewJudicial review is an equitable remedy. The court has discretion to make an award in successful...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 11th Jun

Practice notes

Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners

Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and intervenersA defendant in a judicial...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 8th Jun

Q&As

Can a condition on a planning permission requiring a building to be permanently removed from the land when no longer required for agricultural purposes be lawful? If a breach of condition notice is served what grounds are available for a judicial review?

Can a condition on a planning permission requiring a building to be permanently removed from the land when no longer required for agricultural...

6th Jun

Q&As

What can a landowner do to challenge an enforcement notice issued in respect of a breach of planning? Can they take the authority to court?

What can a landowner do to challenge an enforcement notice issued in respect of a breach of planning? Can they take the authority to court?Enforcement...

6th Jun

Q&As

Can a planning permission granted some time ago be relied on in the absence of a legal challenge, even though its grant was ultra vires?

Can a planning permission granted some time ago be relied on in the absence of a legal challenge, even though its grant was ultra vires?As a general...

6th Jun

Q&As

What would be the impact on a planning appeal of ongoing judicial review proceedings where those proceedings challenge a Government statement of planning policy which is a material consideration in the appeal?

What would be the impact on a planning appeal of ongoing judicial review proceedings where those proceedings challenge a Government statement of...

6th Jun

Q&As

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

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

6th Jun

Q&As

If works (removal of a roof) are carried out in satisfaction of the pre-commencement conditions contained in a planning permission and the permission is later quashed, do the works carried out prior to the quashing need to be reversed or should works simply cease at the point of quashing? If the works are required to be reversed, is a new planning permission needed for this?

If works (removal of a roof) are carried out in satisfaction of the pre-commencement conditions contained in a planning permission and the permission...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 6th Jun

Q&As

Is the six-week period to challenge an inspector's decision on a planning appeal fixed, or is there an ability to apply for leave to challenge out of time eg if the unsuccessful appellant has had a close family bereavement?

Is the six-week period to challenge an inspector's decision on a planning appeal fixed, or is there an ability to apply for leave to challenge out of...

6th Jun

Practice notes

The impact of EU law in judicial review [Archived]

The impact of EU law in judicial review [Archived]ARCHIVED: This Practice Note has been archived is not maintained. What is the status of EU law in...

Produced in partnership with Andrew Eaton of Hogan Lovells and Telha Arshad of Hogan Lovells 6th Jun

Q&As

Planning permission was granted by the Mayor of London after initially being denied by the Planning Authority. If our client wants to appeal this decision can it be appealed through the usual channels or must it be by Judicial Review? Also what is time limit for the appeal and cost sanctions for the losing party?

Planning permission was granted by the Mayor of London after initially being denied by the Planning Authority. If our client wants to appeal this...

6th Jun

Q&As

What are the grounds for judicial review?

What are the grounds for judicial review?We have focused on judicial review in the High Court in England and Wales. Having conducted a comprehensive...

5th Jun

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