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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The Ministry of Housing, Communities and Local Government (MHCLG) has published guidance on the operation of the Building Safety Levy, scheduled to launch on 1 October 2026. The guidance is intended to be read alongside the draft Building Safety Levy (England) Regulations, which were laid before Parliament on 10 July 2025. It explains how the levy will be charged, collected and passed back to central government. The guidance is aimed at a wide range of stakeholders, including the housebuilding sector, local authorities, registered building control approvers and the Building Safety Regulator, to clarify their roles and obligations under the levy.

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The Independent Water Commission (IWC) has published its final report setting out 88 recommendations to reform the regulatory framework of the water sector in England and Wales, alongside a summary of over 50,000 responses to its February 2025 call for evidence. Building on preliminary conclusions released in June 2025, the report outlines recommendations across seven key themes: (1) strategic direction and planning; (2) legislative framework; (3) regulator reform; (4) regulation reform; (5) company structures, ownership, governance and management; (6) infrastructure and asset health; and (7) implementation. The report has been submitted to the UK and Welsh governments, which will respond and consult on the proposals, including potential legislation. The government also confirmed plans to fast track five of these recommendations, including the establishment of a new single water regulator to replace Ofwat. In autumn 2025, it will publish a White Paper outlining its full response to the IWC's final report, alongside an associated consultation. Following this, a new Water Reform Bill will be introduced early in the current parliamentary term.

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The Welsh Government has introduced six pieces of subordinate legislation to implement the Infrastructure (Wales) Act 2024, with the new infrastructure consenting process set to take effect on 15 December 2025. The legislation covers pre-application and application procedures, examination and decision-making processes, fees, compulsory acquisition and other miscellaneous provisions. The new system will replace the current Developments of National Significance regime. Applicants may continue to submit proposals for determination under the current consenting regimes until 15 December 2025. The Welsh Government is also preparing guidance to supplement the new process, including detailed advice on pre-application requirements, application submissions, and community engagement. Further regulations on consequential and transitional arrangements and procedures for changing or revoking an infrastructure consent order are expected later in 2025.

Planning and Infrastructure Bill—Commons progress and Lords amendments

Planning analysis: After two days of debate (report stage on 9 June 2025 and third reading on 10 June 2025) the Planning and Infrastructure Bill (the Bill) left the Commons and moved to the Lords. MPs approved three noteworthy revisions: they tightened development consent order (DCO) examinations, broadened the statutory consultation and protection regime for Environmental Delivery Plans (EDPs), and introduced a rule that environmental effects on non-protected features must be ignored once a developer pays the Nature Restoration Levy. For planning lawyers and local planning authorities (LPAs), the changes could translate into earlier evidence deadlines, stronger scrutiny from transport and marine bodies, and a fresh cost-benefit test around the levy. Part 3 of the Bill remains highly contested, with conservation group Wild Justice already pursuing judicial review.

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