Solicitor Victoria Charlesson, in our leading Planning & Environmental law team, explains challenging planning permissions granted by the Local Planning Authority through Judicial Review.
Third parties are often frustrated as they do not have a right of appeal to the Planning Inspectorate against the grant of planning permission by the Local Planning Authority.
However this does not mean that third parties have no recourse open to them at all to challenge the grant of planning permission. The appropriate mechanism for challenging planning permissions granted by the Local Planning Authority is by way of Judicial Review (“JR”).
A key limitation is however, that with a challenge by way of Judicial Review, the third party cannot request the High Court to review the planning merits of a decision. Instead the challenge is limited to lawfulness of the procedure that the Local Planning Authority took in coming to that decision.
Any challenge by way of JR would need to be on one of the ‘grounds’ that the Court is entitled to consider such as
- Procedural irregularity – this could include the failure by the Local Planning Authority to consult on planning applications
- Irrationality – possibly one of the most difficult heads to attach a claim to. The decision or act by the Local Planning Authority must be “so unreasonable that no reasonable authority could ever have come to it”.
- Illegality – the most obvious example is where the Local Planning Authority acts where they have not legal authority to do. It may also include an abuse of discretion such as taking into account irrelevant considerations when determining a planning application, or indeed not taking into account a relevant consideration
Time Limits
There are strict time limits within which you can bring JR proceedings in respect of a grant of planning permission.
Any application for permission to bring JR proceedings must be made within 6 weeks of the date of the decision where a challengeable ground arises. In respect of the grant of the Planning Permission this will usually be the date on the decision notice.
However there is a duty to act promptly and so if an application is taken to Committee and that Committee resolves to grant planning permission upon completion of a Section 106 agreement it would be prudent to seek legal advice as soon as that resolution is made.
Permission
Permission of the Court is required but is not automatically granted to challenge the grant of planning permission by way of JR.
Any application for permission will need to be as robust and as comprehensive as possible to ensure that the Court is persuaded that there are sufficient grounds of challenge to merit a grant of permission.
It is therefore important that you obtain legal advice from experienced legal professionals as soon as possible after the grant, or resolution to grant planning permission in order to allow enough time to for a robust application to be prepared.
Possible outcomes
If permission is granted and the action proceeds to a substantive hearing the Court has limited powers available at its discretion. This can include a quashing order, whereby the decision of the LPA to grant planning permission is quashed. Unfortunately, this will not usually be the end of the matter. The Court will then remit the matter back to the LPA to re-make the decision following the proper process. It may be that on a second re-evaluation (but lawfully) the LPA comes to the same conclusion and grants planning permission again.
Where we can help
Our planning department has significant experience in undertaking judicial challenges to the grant of planning permission and evaluating chances of success and preparing the necessary documentation for a judicial review action. The department works closely with the dispute resolution department and this collaborative approach ensures your matter has the benefit of all relevant expertise throughout the proceedings.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
