Judicial review of planning decisions

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Scope of judicial review in planning matters

A claim for judicial review is defined in the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 54 as a claim to review the lawfulness of an enactment, or a decision, action or failure to act in relation to the exercise of a public function. Decisions, actions or failures to take action in relation to the exercise of a public function are in principle subject to judicial review.

This encompasses many planning decisions and actions by local planning authorities (LPAs) and the Secretary of State which can be challenged in the courts by way of judicial review if the decision taken was unlawful, including but not limited to:

  1. •

    decisions by LPAs granting planning permission, reserved matters approvals, approvals of conditions and prior approval under permitted development rights

  2. •

    decisions by LPAs to modify or discharge a planning obligation pursuant to applications under section 106A or 106B of the Town and Country Planning Act 1990 (TCPA 1990)

  3. •

    decisions relating to development consent orders and national policy statements under the Planning Act 2008 (PA 2008)

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