OUr Expertise
Judicial Review of Planning Decisions
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Judicial Review of Planning Decisions
If you think a planning authority has acted unlawfully or outside its remit, judicial review may be available in the Administrative Court.
Judicial review is less concerned with reconsidering the merits of the original planning application. it is concerned with legality, procedure and rationality.
Common grounds for a planning appeal to escalate to Judicial Review include:
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• Failure of the Planning Inspectorate to consider material considerations
• Misinterpretation by the Planning Inspectorate of planning policy
• Procedural unfairness at committee stage
• Apparent bias or predetermination by the Planning Inspectorate
There is an urgency if you intend to bring a matter to judicial review in that strict time limits apply; usually within six weeks of the decision in planning cases.
Mercantile Barristers can provide:
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• The urgent assessment of your prospects of success at judicial review
• Drafting of all pre action protocol pleadings
• Representation in the High Court
If you are considering challenging a planning decision, please complete the enquiry form without delay and a member of our team will come back to you as soon as possible.
How Our Process Works
Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first. The process is just as straightforward. Here’s how the process works:
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Initial Consultation
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
