Planning judicial and statutory review

View Planning by content type:

Practice notes

Precedents

Q&As

Featured Planning content

Declaratory relief of planning decisions

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Planning conditions—the six tests

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...

Practice notes

Operational development

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Defining the planning unit

Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...

9th Nov

Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

Practice notes

Highways—ownership and creation

Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...

9th Nov

Practice notes

Keeping planning permission alive

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

9th Nov

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...

9th Nov

Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...

9th Nov

Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Stephen Morgan of Landmark Chambers 9th Nov

Most recent Planning judicial and statutory review content

Practice notes

Grounds for appealing and preliminary considerations

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

1st Dec

Practice notes

Starting an appeal—general provisions

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

1st Dec

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?

A legal challenge against a decision of a Planning Inspector or Secretary of State in relation to a planning appeal is made by way of statutory...

29th Nov

Q&As

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 be binding on courts other than the Upper Tribunal?

The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) provided for the creation of a new system of tribunals. The former Lands Tribunal was...

Produced in partnership with Emily Knowles of Sharpe Pritchard 29th Nov

Q&As

What are the options where a certificate of lawful development has been issued incorrectly?

Section 193(7) of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) to revoke a lawful development...

29th Nov

Q&As

Where planning permission has been granted for an extension to a house, does the fact that the red line plan accompanying the permission encroaches onto neighbouring land by mistake invalidate the permission?

It is an established principle of planning law that any person can apply for planning permission for the development of land, irrespective of whether...

29th Nov

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?

As a general rule, a decision of a local planning authority (LPA) to grant planning permission under the Town and Country Planning Act 1990 (TCPA...

29th Nov

Q&As

Must a challenge under the TCPA 1990, s 288 be served within six weeks or seven days? Does Part 8 or 54 take precedence in terms of the timing for serving the claim form under s 288 challenge?

CPR 54.23 states that:These Rules and their practice directions will apply to Planning Court claims unless this section or a practice direction...

29th Nov

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?

Whether a planning condition is lawful or not will depend on the circumstances of the case and the local planning authority (LPA)’s reasons for...

29th Nov

Q&As

If a planning application refers to the development of some social housing within a scheme, but the approval does not include a planning obligation condition requiring the provision of social housing, can a developer implement the permission for the private market?

The planning application making reference to the development of some social housing within the scheme does not mean that the council is obliged to...

Produced in partnership with Abigail Pritchard-Hooper of Lanyon Bowdler 29th Nov

Q&As

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

Whether a decision to validate a planning application can be challenged by judicial review will depend on the particular circumstances.Section 327A of...

29th Nov

Q&As

If planning permission was granted several years ago in respect of land in two different ownerships, and the owners of part of the land to which the permission relates were not informed of the application, is there a mechanism to prevent the development proceeding? Development has commenced under the planning permission.

It is unlikely that a court will prevent the development continuing based on any planning law principles. There might be a remedy in land law but we...

29th Nov

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?

This Q&A is answered on the basis that planning permission was granted by the Mayor of London (MoL) after being denied by the local planning authority...

29th Nov

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?

Unless the statement of planning policy has been quashed by a decision of the court, the fact that a particular policy statement is the subject of an...

29th Nov

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?

Where a planning permission has been quashed following a legal challenge, the planning status of the site reverts back to the position it was in...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Nov

Q&As

Can you bring a judicial review challenge after a planning referendum has taken place in respect of a five-year neighbourhood plan?

There are three options for an emerging neighbourhood development plan (NDP) to be challenged by way of judicial review which are set out in...

29th Nov

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?

Enforcement noticesAppealing against an enforcement noticeAny person who has an interest in the land to which an enforcement notice relates, or who is...

29th Nov

Practice notes

Statutory planning review—s 287 challenges, s 288 challenges, s 63 challenges, s 22 challenges and s 113 challenges

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Stephen Morgan of Landmark Chambers 29th Nov

Practice notes

Planning judicial review

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

29th Nov

Practice notes