Planning judicial and statutory review

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Practice notes
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...
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Produced in partnership with Laura Bolado 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
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:...
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9th Nov
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
9th Nov
Practice notes
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...
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9th Nov

Most recent Planning judicial and statutory review content

Practice notes
Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Apr
Practice notes
Interested partiesIn the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly...
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Produced in partnership with Julia Marlow and Megan Smith of Hogan Lovells 9th Apr
Practice notes
A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Apr
Practice notes
Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 8th Apr
Practice notes
When considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 5th Mar
Practice notes
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...
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25th Feb
Q&As
We have focused on judicial review in the High Court in England and Wales. Having conducted a comprehensive search of our resources on this subject,...
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24th Feb
Q&As
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...
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22nd Jan
Q&As
The planning application making reference to the development of some social housing within the scheme does not mean that the council is obliged to...
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Produced in partnership with Abigail Pritchard-Hooper of Lanyon Bowdler 22nd Jan
Q&As
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...
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22nd Jan
Q&As
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...
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22nd Jan
Q&As
Judicial review is considered to be a remedy of last resort. Accordingly, the Administrative Court will not normally entertain a claim for judicial...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan
Q&As
Section 193(7) of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) to revoke a lawful development...
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29th Nov
Q&As
It is an established principle of planning law that any person can apply for planning permission for the development of land, irrespective of whether...
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29th Nov
Q&As
CPR 54.23 states that:These Rules and their practice directions will apply to Planning Court claims unless this section or a practice direction...
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29th Nov
Q&As
Whether a decision to validate a planning application can be challenged by judicial review will depend on the particular circumstances.Section 327A of...
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29th Nov

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