Planning decisions can have significant consequences for property owners, developers, neighbours, and local communities. While the planning system provides routes for appealing certain decisions, there are circumstances where a planning decision may be challenged in the High Court through judicial review.
Judicial review is different from a planning appeal. It does not give the court an opportunity to reconsider whether a development should have been approved based simply on its planning merits. Instead, it examines whether the public body making the decision acted lawfully and followed the correct legal process.
This distinction is particularly important where someone believes that a Local Planning Authority has made an error of law, failed to consider a legally relevant matter, or failed to follow the required procedure.
At Charrette Law, we advise property owners, developers, and other interested parties on planning and property-related legal issues. Where there are concerns about the legality of a planning decision, obtaining legal advice promptly can help establish whether a challenge may be appropriate.
What Is Judicial Review of Planning Permission?
Judicial review is a legal process that allows the High Court to examine the lawfulness of a decision made by a public body.
In planning matters, a judicial review can potentially challenge decisions involving planning permission, development consent, and other planning functions. Planning Court claims specifically include judicial reviews concerning planning permission and other development consents.
The purpose is to determine whether the decision-maker acted within its legal powers and followed the correct process.
The court is not normally asked to decide whether it would have made the same planning decision.
Judicial Review Is Not a Second Planning Appeal
This is one of the most important points for anyone considering a challenge.
A planning appeal generally allows an applicant to challenge certain planning decisions through the planning system. Judicial review, by contrast, is concerned with the lawfulness of the decision-making process.
For example, if a planning application was refused because the Local Planning Authority considered the proposed development inappropriate in terms of design or character, simply disagreeing with that planning judgement would not automatically create grounds for judicial review.
However, if the authority misunderstood a relevant legal requirement or failed to consider something it was legally required to consider, there may be grounds for a legal challenge.
Government planning guidance confirms that a local planning authority decision can be challenged in the courts on a point of law, including issues concerning how the decision was made and whether the correct procedures were followed.
When Can Planning Permission Be Challenged by Judicial Review?
The circumstances will depend on the individual case.
Potential grounds can include:
- An error of law.
- Failure to take into account a relevant consideration.
- Taking into account an irrelevant consideration.
- Failure to follow a statutory procedure.
- Acting outside the authority’s legal powers.
- Applying a planning policy incorrectly.
- Failing to properly understand the legal effect of a policy.
- A decision-making process that was procedurally unfair.
- A decision that may be unlawful for another recognised public law reason.
The existence of one of these issues does not automatically mean a judicial review will succeed. The circumstances and evidence need to be examined carefully.
Failure to Consider a Relevant Matter
Planning authorities have to consider the matters that the law requires them to consider.
Where a legally relevant consideration has been overlooked, this may potentially provide grounds for challenge.
The important issue is not simply whether the claimant believes something was important. The question is whether the decision-maker was legally required to take it into account.
Misinterpretation of Planning Policy
Planning decisions often involve detailed planning policies.
A challenge may potentially arise where a decision-maker has misunderstood or misapplied a policy in a way that amounts to an error of law.
Again, the court is not normally going to substitute its own planning judgement. The focus is on whether the authority approached the legal and policy framework lawfully.
Procedural Errors
Planning decisions must be made in accordance with relevant statutory and procedural requirements.
A significant procedural failure may potentially provide grounds for judicial review.
This is why reviewing the planning documents and decision-making process is so important before deciding whether to bring a claim.
Concerned About a Planning Permission?
A planning permission that appears unlawful can have serious consequences, particularly where development is about to begin.
Charrette Law can review the circumstances surrounding a planning decision and advise on the potential legal options available. Contact our team promptly if you believe a planning decision may have been made unlawfully.
Who Can Bring a Judicial Review?
A person seeking judicial review must have a sufficient interest in the matter.
Depending on the circumstances, this could include:
- A neighbouring property owner.
- A local resident.
- A community group.
- A developer.
- A landowner.
- Another person or organisation directly affected by the decision.
Simply disagreeing with a planning decision does not automatically give someone the right to challenge it.
There also needs to be an arguable legal basis for the challenge.
The court will consider whether the claimant has sufficient interest and whether the proposed claim has a proper legal foundation.
What Is the Process for Judicial Review?
Judicial review is a formal court procedure and should not be approached in the same way as submitting a planning objection or appeal.
1. Identify the Decision Being Challenged
The first step is to establish precisely what decision or action is being challenged.
This might be:
- A grant of planning permission.
- A refusal of planning permission.
- A decision made by a planning committee.
- A decision by the Secretary of State.
- A decision connected with a planning appeal.
- Another planning-related decision by a public authority.
Identifying the correct decision is essential because different statutory procedures and deadlines may apply.
2. Review the Planning Documents
A solicitor will typically need to examine the available planning material.
This could include:
- The planning application.
- Planning officer’s report.
- Committee papers.
- Decision notice.
- Relevant planning policies.
- Consultation responses.
- Environmental information.
- Supporting documents.
- Correspondence relating to the application.
The objective is to determine whether there is an arguable legal error or procedural problem.
3. Send a Pre-Action Letter
Before proceedings are issued, the claimant will generally be expected to follow the Pre-Action Protocol for Judicial Review.
This usually involves sending a letter before claim setting out the nature of the proposed challenge and giving the defendant an opportunity to respond. The protocol does not extend the applicable deadline for bringing a claim.
In some cases, the issue may be resolved at this stage without court proceedings.
4. Apply for Permission
Permission from the court is required before a judicial review claim can proceed.
The court considers whether there is a sufficient legal basis for the claim to proceed.
This makes the preparation of the grounds particularly important.
5. Substantive Hearing
If permission is granted and the claim proceeds, the court considers the legal issues in greater detail.
The court will examine whether the relevant public body acted lawfully.
How Long Do You Have to Challenge Planning Permission?
Time is critical when considering judicial review.
Under CPR 54.5, judicial review claims relating to decisions by a Local Planning Authority or Secretary of State under the planning legislation generally have to be filed within six weeks after the grounds for the claim first arose. The claim must also be brought promptly.
This is a particularly important point for anyone considering challenging planning permission.
The six-week period should not be treated as six weeks in which to decide whether to obtain advice. Legal advice should be sought as soon as possible after the relevant decision.
Why Acting Quickly Matters
A potential claimant may need time to:
- Obtain the planning documents.
- Instruct a solicitor.
- Review the decision.
- Identify the legal grounds.
- Prepare a pre-action letter.
- Consider the response.
- Prepare and issue the claim if necessary.
Waiting until the end of the deadline can create unnecessary pressure and potentially put the claim at risk.
What Can the Court Do If a Judicial Review Succeeds?
The court has various remedies available depending on the circumstances.
One possible remedy is a quashing order.
A quashing order can set aside the challenged decision where the court determines that it was unlawful.
This does not necessarily mean that the claimant receives the outcome they originally wanted.
For example, if planning permission is quashed, the Local Planning Authority may need to reconsider the application lawfully.
The court is not generally there to grant the planning permission itself.
Judicial Review vs Planning Appeal
Understanding the difference between these two routes is essential.
| Planning Appeal | Judicial Review |
| Challenges certain planning decisions through the planning system | Challenges the legality of a public body’s decision |
| Can consider planning merits | Focuses on legal and procedural issues |
| Usually dealt with through the Planning Inspectorate | Heard by the High Court/Planning Court |
| Available where the relevant right of appeal exists | Requires an arguable legal basis |
| Does not normally require proof of an error of law | Focuses on whether the decision was lawful |
If your concern is that the planning authority reached the wrong conclusion on the merits, a planning appeal may be the more appropriate route where one is available.
If your concern is that the authority acted unlawfully, judicial review may need to be considered.
Challenging a Planning Appeal Decision
Judicial review is not only relevant to decisions made by Local Planning Authorities.
There are also circumstances where decisions made following a planning appeal can be challenged on legal grounds.
Government guidance confirms that where someone believes a Planning Inspectorate appeal decision is legally incorrect, it may be possible to challenge the decision in the High Court, with a six-week period applying.
The precise procedure will depend on the decision being challenged, so specialist advice should be obtained before deciding how to proceed.
What Evidence Is Needed for a Planning Judicial Review?
A potential claim will need to be supported by the relevant planning and legal material.
This can include:
- The decision notice.
- Officer’s report.
- Planning committee minutes.
- Planning policies.
- Consultation responses.
- Planning application documents.
- Environmental assessments.
- Relevant correspondence.
- Other evidence showing how the decision was reached.
A detailed review of these documents can help establish whether the decision-making process raises an arguable legal issue.
What If Development Has Already Started?
A planning challenge can become more complicated if development has already begun.
If you believe planning permission is unlawful, it is therefore important not to delay obtaining legal advice simply because construction has not yet started.
Depending on the circumstances, urgent steps may need to be considered.
The appropriate response will depend on the planning permission, the nature of the alleged legal error, and the stage reached by the development.
How Charrette Law Can Help
Judicial review of planning permission sits at the intersection of planning and public law.
At Charrette Law, we can help property owners, developers,s and other interested parties understand the legal implications of a planning decision and whether further legal advice or action may be appropriate.
Our planning-related work includes matters involving:
- Planning applications.
- Planning appeals.
- Planning objections.
- Environmental assessments.
- Environmental legal advice.
- Restrictive covenants.
- Section 106 Agreements.
- Section 278 Agreements.
- Permitted development.
- Brownfield land development.
Where a planning decision raises potential legal concerns, obtaining advice early can help you understand your options before a deadline passes.
Get Expert Advice on Judicial Review Planning Permission
Judicial review can provide an important legal route where a planning decision may have been made unlawfully.
However, it is not a way of simply asking the court to reconsider the planning merits of a proposal. The focus is on whether the relevant public authority acted within its legal powers and followed the correct legal process.
Because planning judicial review claims can be subject to a six-week deadline, early legal advice is particularly important.
If you believe a planning permission, planning refusal,al or other planning decision may be unlawful, contact Charrette Law to discuss your circumstances and the legal options available to you.
Frequently Asked Questions
Can planning permission be challenged by judicial review?
Yes. In appropriate circumstances, a planning decision can be challenged where there is an arguable legal or procedural error in the way the decision was made.
Can I challenge planning permission because I disagree with the decision?
Not simply because you disagree with it. Judicial review focuses on the lawfulness of the decision-making process, rather than whether the court would have reached a different planning conclusion.
What are the grounds for judicial review of planning permission?
Potential grounds can include an error of law, failure to consider a legally relevant matter, consideration of an irrelevant matter, procedural unfairness, or acting outside the decision-maker’s legal powers.
How long do I have to challenge planning permission?
For a judicial review relating to a decision by a Local Planning Authority or Secretary of State under the planning legislation, the claim generally needs to be filed within six weeks after the grounds first arose and must also be brought promptly.
Does judicial review stop development automatically?
No. A judicial review does not automatically stop development simply because a claim has been brought. The circumstances should be considered urgently where development is due to begin or is already underway.
What happens if the court finds that planning permission was unlawful?
The court may grant a remedy such as a quashing order. The relevant authority may then need to reconsider the decision lawfully.
Can a neighbour challenge planning permission?
Potentially, provided the person has sufficient interest and there is an arguable legal basis for the challenge. The circumstances of the individual case will need to be assessed.
Is judicial review the same as a planning appeal?
No. A planning appeal deals with certain planning decisions through the planning system, while judicial review is concerned with the legality of the decision-making process.
Can Charrette Law help with a planning judicial review?
Charrette Law can advise on planning and property-related legal issues and help clients understand their options where there are concerns about the legality of a planning decision.
